DAVIDSON & SONS CONSTR. CORP. v. AETNA CAS. & SUR. CO.


203 A.D.2d 413 (1994)

612 N.Y.S.2d 927

Davidson and Sons Construction Corp., Respondent, v. Aetna Casualty and Surety Company, Defendant and Third-Party Plaintiff-Appellant. Barbara Jacobs et al., Third-Party Defendants-Respondents

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

April 18, 1994


Ordered that the appeal from the order dated July 13, 1992, is dismissed; and it is further,

Ordered that the order and judgment dated July 16, 1992, is modified by deleting the first, second, and sixth decretal paragraphs thereof and substituting therefor a provision denying the plaintiff's motion for summary judgment, as so modified the judgment is affirmed insofar as appealed from; and it is further,

Ordered that the appellant is awarded one bill of costs...

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