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ZAPOTOTSKY v. ASCAPE LANDSCAPE & CONSTR. CORP.

2020-04204. Index No. 31455/18.

221 A.D.3d 1055 (2023)

201 N.Y.S.3d 151

2023 NY Slip Op 06165

Orest Zapototsky, Plaintiff, v. Ascape Landscape & Construction Corp., Respondent, and Simon Property Group, L.P., et al., Appellants.

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

Decided November 29, 2023.

Attorney(s) appearing for the Case

Stagg Wabnik Law Group LLP, Garden City, NY (Thomas E. Stagg, Michael C. Dombrowski, and Brian A. Lacoff of counsel), for appellants.

Law Offices of Marc D. Orloff, P.C., Goshen, NY (Edward P. Souto and Tony Semidey of counsel), for respondent.

Connolly, J.P., Chambers, Christopher and Warhit, JJ., concur.

In an action to recover damages for personal injuries, the defendants Simon Property Group, L.P., and Premium Outlet Partners, L.P., appeal from an order of the Supreme Court, Rockland County (Paul I. Marx, J.), dated May 11, 2020. The order, insofar as appealed from, denied those defendants' motion for conditional summary judgment on their cross-claims for contractual indemnification, breach of a contractual duty to defend, and an award of attorney's fees against the defendant...

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