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DUFFINA v. COUNTY OF ESSEX

515346.

111 A.D.3d 1035 (2013)

974 N.Y.S.2d 645

2013 NY Slip Op 7531

RICKEY L. DUFFINA, Respondent, v. COUNTY OF ESSEX, Appellant, and GRAYMONT MATERIALS, INC., Respondent. (And a Third-Party Action.)

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

Decided November 14, 2013.

Peters, P.J.

Appeal from an order of the Supreme Court (Muller, J.), entered May 21, 2012 in Essex County, which, among other things, denied a motion by defendant County of Essex for summary judgment dismissing the complaint against it.

In 2007, defendant County of Essex contracted with defendant Graymont Materials, Inc. for the supply of asphalt to be used by the County in maintaining its roadways. Graymont, in turn, contracted with Beaudin Brothers Trucking...

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