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SAN MARCO CONSTR. CORP. v. AETNA CAS. & SUR. CO.

162 A.D.2d 514 (1990)

San Marco Construction Corp., Respondent, v. Aetna Casualty and Surety Company et al., Respondents, and Board of Education of the City School District of Mount Vernon, Defendant and Third-Party Plaintiff-Respondent. City of Mount Vernon, Third-Party Defendant-Appellant, et al., Third-Party Defendant. (Action No. 1.) Westchester Air Conditioning Corp., Respondent, v. City School District of the City of Mount Vernon, Defendant and Third-Party Plaintiff-Respondent. Primiano Construction Co., Inc., et al., Third-Party Defendants-Respondents, and City of Mount Vernon, Third-Party Defendant-Appellant. (Action No. 2.)

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

June 11, 1990

Ordered that the order and judgment is affirmed, with one bill of costs payable to the respondents Aetna Casualty and Surety Company, Primiano Construction Co., Inc., and Westchester Air Conditioning Corp. appearing separately and filing separate briefs.

The record reveals that on October 25, 1976, the Board of Education of the City School District of Mount Vernon (hereinafter the Board) and Primiano Construction Co., Inc...

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