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MILESKI v. MSC INDUS. DIRECT CO., INC.

2014-11031, 2015-04222, 2015-11160 Index No. 10391/09.

159 A.D.3d 690 (2018)

72 N.Y.S.3d 531

2018 NY Slip Op 01460

DRENA MILESKI, Individually and as Administratrix of the Goods, Chattels and Credits of RONALD P. MILESKI, Deceased, Respondent, v. MSC INDUSTRIAL DIRECT CO., INC., Defendant/Third-Party Plaintiff-Respondent-Appellant, et al., Defendants. BUFFALO MACHINERY CO., LTD., Third-Party Defendant-Appellant-Respondent, et al., Third-Party Defendant.

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

Decided March 7, 2018.

Ordered that the appeals and the cross appeals from the orders are dismissed; and it is further,

Ordered that the order and judgment is reversed, on the law, that branch of the motion of the third-party defendant Buffalo Machinery Co., Ltd., which was to dismiss the third-party complaint insofar as asserted against it based on improper service, which motion the court converted into a motion for summary judgment, is denied, the third-party complaint is reinstated insofar...

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