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RIZO v. 165 EILEEN WAY, LLC

2016-05167. Index No. 2756/13.

169 A.D.3d 943 (2019)

94 N.Y.S.3d 157

2019 NY Slip Op 01245

Christian Rizo, Respondent, v. 165 Eileen Way, LLC, et al., Appellants-Respondents, and Rosner Construction, LLC, Respondent-Appellant. (And Third-Party Actions.).

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

Decided February 20, 2019.

Ordered that the cross appeal is dismissed as abandoned; and it is further,

Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the separate motions of the defendants 165 Eileen Way, LLC, and 165 Eileen Way Sports, LLC, which were for summary judgment on their cross claims against the defendant Rosner Construction, LLC, for common-law indemnification, and substituting therefor provisions granting those branches...

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