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FERARRO v. EAST COAST DORMER, INC.

2020-01215. Index No. 609136/18.

209 A.D.3d 717 (2022)

176 N.Y.S.3d 105

2022 NY Slip Op 05679

Steven Ferarro et al., Plaintiffs, v. East Coast Dormer, Inc., Defendant/Third-Party Plaintiff-Appellant, et al., Defendant. Signature Building Systems of Pennsylvania, LLC, Third-Party Defendant-Respondent.

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

Decided October 12, 2022.

Attorney(s) appearing for the Case

Haber & Haber, LLP, Garden City, NY (Stephen D. Haber of counsel), for defendant third-party plaintiff-appellant.

Joseph, Terracciano & Lynam, LLP, Syosset, NY (Peter J. Terracciano and Janine T. Lynam of counsel), for third-party defendant-respondent.

Dillon, J.P., Iannacci, Rivera and Wooten, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, and a third-party action for indemnification and contribution, the defendant/third-party plaintiff appeals from an order of the Supreme Court, Nassau County (James P. McCormack, J.), entered January 13, 2020. The order, in effect, granted those branches of the third-party defendant's motion which were pursuant to CPLR 7503 to compel arbitration and CPLR 3211(a)(1) to dismiss the third-party complaint.

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