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ANTONITTI v. CITY OF GLEN COVE

266 A.D.2d 487 (1999)

698 N.Y.S.2d 722

NICOLO ANTONITTI et al., Plaintiffs, v. CITY OF GLEN COVE, Defendant and Third-Party Plaintiff-Respondent. PERNA CONTRACTING CORPORATION, Third-Party Defendant-Appellant.

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

Decided November 29, 1999.

Ordered that the order is modified by deleting the provision thereof denying the motion in its entirety and substituting therefor provisions granting the motion to the extent that so much of the third-party complaint as seeks indemnification for payments actually made by Reliance Insurance Company on behalf of the defendant third-party plaintiff City of Glen Cove is dismissed and otherwise denying the motion; as so modified, the order is affirmed, with costs to the third...

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