FOREST BAY HOMES, INC. v. KOSINSKI


50 A.D.2d 829 (1975)

Forest Bay Homes, Inc., Respondent, v. Robert E. Kosinski et al., Defendants and Third-Party Plaintiffs-Appellants. Joseph Trapasso et al., Third-Party Defendants-Respondents

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

December 15, 1975


Order reversed insofar as appealed from, on the law, with one bill of $50 costs and disbursements against respondents jointly; motion for summary judgment denied; motion to dismiss the third-party complaint as against third-party defendant Genzardi denied; and the appointment of a referee is vacated.

The gravamen of defendants' defenses, counterclaims and third-party complaint was predicated upon specific fraudulent representations as to the structural completeness...

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