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MASSENA TOWNE CTR. ASSOCS. v. SEAR-BROWN GROUP, INC.

255 A.D.2d 893 (1998)

680 N.Y.S.2d 349

Massena Towne Center Associates, Appellant-Respondent, v. Sear-Brown Group, Inc., Respondent, and Perras Excavating, Incorporated, et al., Respondents-Appellants. (Action No. 1.) Sear-Brown Group, Inc., Plaintiff, v. Massena Towne Center Associates et al., Defendants. (Action No. 2.) Sear-Brown Group, Inc., Third-Party Plaintiff, and Perras Excavating, Incorporated, et al., Third-Party Plaintiffs-Respondents-Appellants, v. Pittsburgh Tank & Tower Co., Elevated Division, Inc., Third-Party Defendant-Respondent

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

November 13, 1998

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Massena Towne Center Associates (plaintiff) commenced this action seeking damages it incurred as a result of a landslide on its property. Defendant Perras Excavating, Incorporated (Perras Excavating) contracted with plaintiff to construct a shopping center on property owned by plaintiff, and third-party defendant...

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