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SCHIANO v. HARSANYI

2023-04614. Index No. 603964/22.

230 A.D.3d 820 (2024)

218 N.Y.S.3d 97

2024 NY Slip Op 04338

James Schiano, Plaintiff/Third-Party Defendant, v. Peter Harsanyi et al., Defendants, and Systems Vend Management Corp., Defendant/Third-Party Plaintiff-Appellant. Josephine J. Castro, Third-Party Defendant-Respondent.

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

Decided August 28, 2024.

Attorney(s) appearing for the Case

Heitz Legal, P.C., New York, NY (Dana E. Heitz of counsel), for defendant third-party plaintiff-appellant.

Law Offices of E. Michael Rosenstock, P.C., Rockville Centre, NY, for third-party defendant-respondent.

Barros, J.P., Maltese, Wooten and Love, JJ., concur.

In an action, inter alia, for declaratory relief, the defendant/third-party plaintiff appeals from an order of the Supreme Court, Nassau County (Conrad D. Singer, J.), entered March 17, 2023. The order, insofar as appealed from, granted those branches of the motion of the third-party defendant Josephine J. Castro which were pursuant to CPLR 3211(a)(7) to dismiss the second and fourth causes of action in the third-party complaint.

Ordered that the order is reversed...

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