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CASTILLO v. PRINCE PLAZA, LLC

2014-07128, Index No. 18660/11.

142 A.D.3d 1130 (2016)

38 N.Y.S.3d 77

FABRICO IVAN HERNANDEZ CASTILLO et al., Plaintiffs, v. PRINCE PLAZA, LLC, Defendant/Third-Party Plaintiff. METAL STONE CONSTRUCTION, INC., Third-Party Defendant/Second Third-Party Plaintiff, et al., Third-Party Defendant; KING'S CONSTRUCTION & SUPPLIES, LLC, Second Third-Party Defendant/Third Third-Party Plaintiff-Respondent; WESTERN HERITAGE INSURANCE COMPANY, Third Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 28, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs to the second third-party defendant/third third-party plaintiff, King's Construction & Supplies, LLC, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the third third-party defendant, Western Heritage Insurance Company, is obligated to defend and indemnify the second third-party defendant/third third-party plaintiff, King's Construction &...

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