HEMPSTEAD CONCRETE CORP. v. ELITE ASSOCS., INC.


203 A.D.2d 521 (1994)

611 N.Y.S.2d 237

Hempstead Concrete Corp., Respondent-Appellant, v. Elite Associates, Inc., et al., Respondents, and Board of Education, Longwood Central School District, Defendant and Third-Party Plaintiff-Respondent. Cigna Property and Casualty Insurance Company, Third-Party Defendant-Appellant-Respondent

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

April 25, 1994


Ordered that the order is modified, on the law and as a matter of discretion, by (1) deleting the provision thereof which denied the cross motion of the third-party defendant for summary judgment dismissing the third-party complaint, and substituting therefor a provision granting the cross motion and dismissing the third-party complaint, and (2) adding thereto a provision granting so much of the plaintiff's motion which was for leave to serve an amended complaint asserting...

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