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BINASCO v. BREAK-AWAY DEMOLITION CORP.

256 A.D.2d 373 (1998)

681 N.Y.S.2d 567

GAETANO BINASCO et al., Plaintiffs, v. BREAK-AWAY DEMOLITION CORP., Appellant, and AMERICAN TELEPHONE & TELEGRAPH CO., Defendant and Third-Party Plaintiff. CONSTRUCTION ASSOCIATES, INC., Third-Party Defendant-Respondent.

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

Decided December 14, 1998.

Ordered that the appeal from those portions of the judgment which directed Break-Away Demolition Corp. to assume the defense of Construction Associates, Inc., and to provide full indemnification, and which contingently directed the entry of an additional money judgment is dismissed as academic; and it is further,

Ordered that the portion of the judgment which directed Break-Away Demolition Corp. to reimburse Construction Associates, Inc., for past attorney's fees...

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