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NEW YORK SCHOOLS INSURANCE RECIPROCAL v. MILBURN SALES CO., INC.

2016-04399, 2016-04808. Index No. 2848/11.

165 A.D.3d 961 (2018)

86 N.Y.S.3d 590

2018 NY Slip Op 06924

New York Schools Insurance Reciprocal, Also Known as West Babylon Union Free School District, Respondent, v. Milburn Sales Co., Inc., Doing Business as Milburn Carpet One Floors & Homes, Doing Business as Milburn Flooring Mills, Defendant/Third-Party/Second Third-Party Plaintiff-Respondent-Appellant. Stalco Construction, Inc., et al., Third-Party Defendants; K.P. Organization of Quality Painting, Inc., Second Third-Party Defendant-Appellant-Respondent.

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

Decided October 17, 2018.

Ordered that the appeals from the decision are dismissed, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 A.D.2d 509 [1984]); and it is further,

Ordered that the amended order is reversed, on the law, the second third-party defendant's motion for summary judgment dismissing the second third-party complaint is granted, and the plaintiff's motion to sever the second third-party action is denied...

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