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VASQUEZ v. KENNEDY

2021-07317. Index No. 150857/20.

221 A.D.3d 936 (2023)

201 N.Y.S.3d 110

2023 NY Slip Op 06074

Salvatore Vasquez, Plaintiff, v. James Kennedy, Defendant/Third-Party Plaintiff-Appellant, and Rugby United New York, LLC, Defendant/Third-Party Defendant-Respondent. Bolton Equities Limited, Third-Party Defendant-Respondent.

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

Decided November 22, 2023.

Attorney(s) appearing for the Case

Fox Rothschild LLP, New York, NY (Christopher M. Tumulty of counsel), for defendant third-party plaintiff-appellant.

Moses & Singer LLP, New York, NY (John V. Baranello of counsel), for defendant third-party defendant-respondent and third-party defendant-respondent.

Barros, J.P., Iannacci, Christopher and Warhit, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the defendant/third-party plaintiff appeals from an order of the Supreme Court, Richmond County (Lizette Colon, J.), dated September 21, 2021. The order granted the motion of the defendant/third-party defendant and the third-party defendant pursuant to CPLR 3211(a) to dismiss the third-party complaint.

Ordered that the order is affirmed, with costs.

The plaintiff is the owner of certain real...

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