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GATLEY v. DETERS

128 Misc.2d 209 (1985)

Thomas S. Gatley et al., Plaintiffs, v. Brian J. Deters et al., Defendants and Third-Party Plaintiffs. Gatley Construction et al., Third-Party Defendants.

Supreme Court, Niagara County.

May 10, 1985

Attorney(s) appearing for the Case

Grossman, Levine & Civiletto (Samuel J. Civiletto of counsel), for plaintiffs and third-party defendants. Dixon & DeMarie (Anthony J. DeMarie of counsel), for defendants and third-party plaintiffs.

JOSEPH D. MINTZ, J.

Plaintiffs move for summary judgment pursuant to CPLR 3212 dismissing the third-party complaint as regards both third-party defendants. The motion as regards third-party defendant Gatley Construction is based on an argument that a third-party complaint in an action under Labor Law § 240 against a partnership of which plaintiff is a member is impermissible. The motion as regards third-party defendant Basile is based on an argument...

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