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DaSILVA v. SEVILLE CENT. MIX CORP.

237 A.D.2d 244 (1997)

655 N.Y.S.2d 402

Carlos M. DaSilva, Respondent, v. Seville Central Mix Corp., Defendant and Third-Party Plaintiff-Appellant, et al., Defendants. J.D. Posillico, Inc./P. Scalamandre & Sons, Inc., Third-Party Defendant-Appellant

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

March 3, 1997

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs payable to the appellants appearing separately and filing separate briefs; the respective motions of the defendant Seville Central Mix Corp. and the third-party defendant J.D. Posillico, Inc./P. Scalamandre & Sons, Inc., a joint venture, are granted, the complaint insofar as asserted against the defendant Seville Central Mix Corp. is dismissed, and the third-party complaint...

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