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APONTE v. AIRPORT INDUS. PARK, LLC

2019-00736. Index No. 25333/11.

202 A.D.3d 895 (2022)

159 N.Y.S.3d 694

2022 NY Slip Op 00995

Rafael Aponte, Appellant, v. Airport Industrial Park, LLC, Defendant/Third-Party Plaintiff-Respondent. Young's Auto Collision and Glass, Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendants.

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

Decided February 16, 2022.

Attorney(s) appearing for the Case

Gorayeb & Associates, P.C., New York, NY (John M. Shaw of counsel), for plaintiff-appellant.

Law Offices of Curtis, Vasile, Mehary & Dorry P.C., Merrick, NY (Melissa Johnston and Michael G. Mehary of counsel), for third-party defendant-appellant.

Correia, King, Fodera, McGinnis & Liferiedge (Mauro Lilling Naparty LLP, Woodbury, NY [Anthony F. DeStefano and Gregory I. Freedman], of counsel), for defendant third-party plaintiff-respondent.

Brathwaite Nelson, J.P., Rivera, Ford and Dowling, JJ., concur.

Ordered that the order is affirmed insofar as appealed from by the plaintiff; and it is further,

Ordered that the order is reversed insofar as appealed from by the third-party defendant Young's Auto Collision and Glass, Inc., on the law, and that branch of the defendant/third-party plaintiff's motion which was for summary judgment on the third-party cause of action for common-law indemnification asserted against the third-party defendant Young's Auto Collision and...

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