MATTARELLIANO v. MOISH GAS STATIONS, INC.


242 A.D.2d 685 (1997)

664 N.Y.S.2d 935

John Mattarelliano et al., Respondents, v. Moish Gas Stations, Inc., et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendant and Third-Party Plaintiff. Devito Industries, Inc., Third-Party Defendant-Appellant

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

September 29, 1997


Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the cross motion of the defendant Chuck Realty Corp. which was for summary judgment dismissing the complaint insofar as asserted against it and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed, insofar as appealed and cross-appealed from, with one bill of costs to the respondents.

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