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HERNANDEZ v. OPERA OWNERS, INC.

Index No. 32526/19. Appeal No. 2590. Case No. 2023-04393.

230 A.D.3d 1031 (2024)

217 N.Y.S.3d 58

2024 NY Slip Op 04519

Marco Hernandez, Plaintiff, v. Opera Owners, Inc., et al., Defendants. Opera Owners, Inc., Third-Party Plaintiff-Respondent, et al., Third-Party Plaintiff, v. Poltech Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendants.

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

Decided September 24, 2024.

Attorney(s) appearing for the Case

Black Marjieh & Sanford LLP, Elmsford (James J. Lofrese of counsel), for appellant.

Thomas Torto, New York, for respondent.

Concur—Singh, J.P., Gesmer, Scarpulla, Rodriguez, Michael, JJ.

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on July 17, 2023, which, to the extent appealed from as limited by the briefs, denied third-party defendant Poltech Inc.'s motion to dismiss pursuant to CPLR 3211(a)(1) and (7) or, alternatively, to stay the third-party action, unanimously reversed, on the law, without costs, the motion to dismiss the common-law claims in the third-party complaint against Poltech and to stay the remainder of the third-party action...

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