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NEW YORK BD v. TRANS URBAN

91 A.D.2d 115 (1983)

New York Board of Fire Underwriters, as Authorized Representative of Various Insurance Companies and as Subrogee of the People of The State of New York, Respondent, v. Trans Urban Construction Co., Inc., and Lasker-Goldman Corporation, a Joint Venture, Appellant, et al., Defendants Trans Urban Construction Co., Inc., and Lasker-Goldman Corporation, a Joint Venture, Third-Party Plaintiff-Appellant, v. Central Lathing Co., Inc., Third-Party Defendant

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

January 11, 1983

Attorney(s) appearing for the Case

Frederick D. Berkon of counsel (Richard B. Kelsky with him on the brief; Townley & Updike, attorneys), for appellant and third-party plaintiff-appellant.

Bernard Meyerson of counsel (Zipser, Zipser & Bernstein, P. C., attorneys), for respondent.

MURPHY, P. J., KUPFERMAN, SANDLER and SULLIVAN, JJ., concur.

KASSAL, J.

Defendant, Trans Urban Construction Co., Inc. and Lasker-Goldman Corporation, a joint venture (Trans Urban), appeals from an order which denied its motion for summary judgment dismissing the complaint. The action is brought by the New York Board of Fire Underwriters (Underwriters), representing eight designated insurance companies as subrogee of the State of New York, to recover against the defendants...

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