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WALTON v. DEVI CORP.

215 A.D.2d 60 (1995)

632 N.Y.S.2d 898

Russell S. Walton, Jr., Appellant, v. Devi Corporation, Doing Business as Best Western Monticello, et al., Respondents. (And Two Third-Party Actions.)

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

November 2, 1995

Attorney(s) appearing for the Case

DeGraff, Foy, Holt-Harris, Mealey & Kunz, Albany (George J. Szary and Christopher Massaroni of counsel), for appellant.

McCabe & Mack, Poughkeepsie (Paul Caltagirone and Arthur J. Doran, III, of counsel), for Devi Corporation, respondent.

Levene, Gouldin & Thompson, Binghamton (Cynthia Ann K. Manchester of counsel), for Berenson Pari-Mutuel of New York, Inc., respondent.

Kornfeld, Rew, Newman & Ellsworth, Suffern (William S. Badura of counsel), for Roy Howard & Associates, respondent.

CARDONA, P. J., MERCURE and SPAIN, JJ., concur.

WHITE, J.

Defendant Devi Corporation (hereinafter Devi) owns the Best Western Motel located in the City of Monticello, Sullivan County. In late 1989, Devi entered into an oral contract with third-party defendant Krum & Sons, Inc. (hereinafter Krum), plaintiff's employer, for the removal of trees that were obscuring the motel's sign that was located across the street from the motel on property owned either...

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