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MERTSARIS v. PAOLO & SONS CONSTR. CORP.

231 A.D.2d 558 (1996)

647 N.Y.S.2d 105

Hippocratis Mertsaris et al., Plaintiffs, v. Paolo & Sons Construction Corp., Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. Norton Plumbing & Heating Corporation, Third-Party Defendant-Appellant, et al., Third-Party Defendants

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

September 16, 1996

Ordered that the order is affirmed, with costs.

There are unresolved questions regarding whether the appellant could have contributed to the existence of the construction defects which the homeowners discovered one month after moving into their home. Thus, it was appropriate for the court to deny summary judgment in favor of the appellant (see, CPLR 3212; Moskowitz v Garlock, 23 A.D.2d 943...

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