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COSTANZA CONSTR. CORP. v. CITY OF ROCHESTER

135 A.D.2d 1111 (1987)

Costanza Construction Corp., Formerly Known as Costanza Signal Co., Inc., Plaintiff, v. City of Rochester et al., Defendants Passero Associates, Architecture, Engineering, Surveying & Landscape Architecture, P. C., Formerly Known as Passero-Scardetta Associates, Third-Party Plaintiffs-Appellants, v. Rochester Gas & Electric Corporation, Third-Party Defendant-Respondent

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

December 18, 1987

Order and judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: We are unable to discern whether Special Term treated the third-party defendant's motion as one for dismissal for failure to state a cause of action pursuant to CPLR 3211 (a) (7) or as one for summary judgment pursuant to CPLR 3212 (b). "While CPLR 3211 (c) permits the court to treat a motion...

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