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SWAN v. PIER 1 IMPORTS (U.S.), INC.

2017-02852, Index No. 122/12.

173 A.D.3d 1105 (2019)

104 N.Y.S.3d 651

2019 NY Slip Op 04985

Ron Swan, Plaintiff, v. Pier 1 Imports (U.S.), Inc., Defendant/Third-Party Plaintiff/Second Third-Party Plaintiff, Advanced Communications, Respondent, and Tricon Construction, LLC, Defendant/Third-Party Defendant-Appellant, et al., Defendants. T.C. Millwork, Inc., Second Third-Party Defendant-Appellant, et al., Second Third-Party Defendant. (And Other Third-Party Actions.)

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

Decided June 19, 2019.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendant third-party defendant, Tricon Construction, LLC, and the second third-party defendant T.C. Millwork, Inc., which was to recover from the defendant Advanced Communications the reasonable costs they incurred in defending the defendant third-party/second third-party plaintiff, Pier 1 Imports (U.S.), Inc., in the main action, and substituting therefor...

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