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UTICA FIRST INSURANCE COMPANY v. GRISTMILL EARTH REALTY CORP.

2014-09882, Index Nos. 18519/09, 26087/09, 19064/10, 1861/11.

145 A.D.3d 1059 (2016)

2016 NY Slip Op 08897

45 N.Y.S.3d 482

UTICA FIRST INSURANCE COMPANY, as Subrogee of Mio Mio, Inc., Plaintiff, v. GRISTMILL EARTH REALTY CORP. et al., Defendants. (And a Third-Party Action.) (Action No. 1.) MERRIMACK MUTUAL FIRE INSURANCE COMPANY, as Subrogee of BFLP, LLC, Doing Business as DAY BOAT CAFE, Respondent-Appellant, v. GRISTMILL EARTH REALTY CORP. et al., Appellants-Respondents, and HENRY REBMANN PLUMBING & HEATING, INC., Respondents, et al., Defendant. JOHN SANTOS, Nonparty Appellant-Respondent. (Action No. 2.) (And Related Actions.)

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

Decided December 28, 2016.

Ordered that the appeal by the defendant Painting the Island, doing business as Island Contracting, and nonparty John Santos from so much of the order as granted those branches of the separate motions of Henry Rebmann Plumbing & Heating, Inc., and Steven Aiello Electrical Contracting which were for summary judgment dismissing the complaint insofar as asserted against each of them is dismissed, as they are not aggrieved by that portion of the order (see CPLR 5511...

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