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POSILLICO v. LAQUILA CONSTRUCTION, INC.

265 A.D.2d 394 (1999)

696 N.Y.S.2d 507

ANTHONY POSILLICO et al., Appellants, v. LAQUILA CONSTRUCTION, INC., Defendant and Third-Party Plaintiff-Respondent. SPENCER WHITE & PRENTIS FOUNDATION CORP., Third-Party Defendant-Respondent.

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

Decided October 12, 1999.

Ordered that the order is modified, by (1) deleting the provision thereof granting the respondents' respective motions to amend their answers and substituting therefor a provision denying those motions and (2) deleting the provision thereof denying that branch of the plaintiffs' cross motion which was for partial summary judgment on the issue of liability on the cause of action under Labor Law § 240 (1) and substituting therefor a provision granting that branch of the...

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