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RICHARDSON v. MATARESE

206 A.D.2d 354 (1994)

614 N.Y.S.2d 426

Augustus Richardson, Plaintiff, v. Joseph Matarese et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendant LMH Construction Company et al., Third-Party Defendants-Respondents. (Action No. 1.) William Stanley, Plaintiff, v. Joseph Matarese et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendant LMH Construction Company et al., Third-Party Defendants-Respondents. (Action No. 2.)

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

July 5, 1994

Ordered that the appeal from so much of the order as failed to decide the motion for summary judgment for indemnification against second third-party defendant the Noonan Group is dismissed; and it is further,

Ordered that the order is reversed insofar as reviewed, on the law, and the motion for summary judgment is granted conditionally, upon the plaintiffs' recovery of damages from the appellants; and it is further,

Ordered that the appellants are awarded...

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