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MESSINA v. MORTON VIL. REALTY, INC.

2018-14199. Index No. 604204/14.

202 A.D.3d 1076 (2022)

163 N.Y.S.3d 598

2022 NY Slip Op 01155

Michael Messina, Appellant, v. Morton Village Realty, Inc., et al., Defendants/Third-Party Plaintiffs-Respondents. Mr. Joe's Pizzeria & Ristorante et al., Third-Party Defendants.

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

Decided February 23, 2022.

Attorney(s) appearing for the Case

Dell & Dean, PLLC, Garden City, NY (Joseph G. Dell and Mischel & Horn, P.C. [Scott T. Horn and Christen Giannaros], of counsel), for appellant.

Brooks, Berne & Herndon, PLLC, New York, NY (Nicole M. Varisco and Candace Johnson of counsel), for defendants third-party plaintiffs-respondents.

Armienti, Debellis & Rhoden, LLP, New York, NY (Vanessa M. Corchia of counsel), for third-party defendants Mr. Joe's Pizzeria & Ristorante, Ruago, LLC, and Michael Ruggiero.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale, NY (Kathleen D. Foley and Michael Reagan of counsel), for third-party defendants DIG Enterprise, Inc., and Pete Lamariana.

Chambers, J.P., Roman, Genovesi and Dowling, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs to the plaintiff payable by the defendants/third-party plaintiffs, that branch of the motion of the defendants/third-party plaintiffs which was for summary judgment dismissing the complaint is denied, so much of the order as denied, as academic, those branches of the motion of the defendants/third-party plaintiffs which were for leave to amend the third-party complaint and for summary judgment...

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