CIOFFI v. TARGET CORP.

No. 06-674, Mot. Seq. No. 002 - Mot D., 003 - Mot D

2011 NY Slip Op 32584(U)

PETER CIOFFI and DAWN CIOFFI, Plaintiffs, v. TARGET CORPORATION, TARGET STORES, INC., WESTBURY HOLDING COMPANY, BAILIWICK DATA SYSTEMS, INC., BAILIWICK ENTERPRISES, LLC., BAILIWICK, LLC., and THE WHITING-TURNER CONTRACTING COMPANY, Defendants. TARGET CORPORATION, TARGET STORES, INC., WESTBURY HOLDING COMPANY, BAILIWICK DATA SYSTEMS, INC., Third-Party Plaintiffs, v. COMMUNICATION TECHNOLOGY SERVICES, Third-Party Defendant.

Supreme Court, Suffolk County.

September 29, 2011.


Attorney(s) appearing for the Case

RUBIN & LICATESI, P.C., Plaintiff 591 Stewart Avenue, 4th Floor Garden City, New York 11530, Attorney for Plaintiffs.

CASCONE & KLUEPFEL, LLP, 1399 Franklin Avenue, Suite 302, Garden City, New York 11530, Attorney for Defendants Target, Westbury and Bailiwick.

AHMUTY, DEMERS & MCMANUS, ESQS., 200 I.U. Willets Road, Albertson, New York 11507, Attorney for Defendant Whiting-Turner.

LEWIS JOHS AVALLONE AVILES , 425 Broad Hollow Road, Melville, New York 11747, Attorney for Third-Party Defendants.


RALPH T. GAZZILLO, Judge.

ORDERED that these motions are consolidated for the purpose of this determination; and it is further,

ORDERED that the motion by third-party defendant Communication Technology Services for summary judgment dismissing the complaint, third-party complaint, and all cross claims asserted against it is granted to the extent that (1) it seeks dismissal of so much of the plaintiff's complaint as alleges...

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