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CASTILLO v. PRINCE PLAZA, LLC

2014-07128. Index No. 18660/11.

164 A.D.3d 1418 (2018)

84 N.Y.S.3d 529

2018 NY Slip Op 06226

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 26, 2018.

Upon the timely papers filed in support of the motion, and no papers having been filed in opposition or in relation thereto; it is

Ordered that that the motion is granted to the extent that the decision and order of this Court dated September 28, 2016 (Hernandez Castillo v Prince Plaza, LLC, 142 A.D.3d 1130 [2016]), is recalled and vacated and the following decision and order...

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