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VILLATORO v. TALT, JR.

269 A.D.2d 390 (2000)

702 N.Y.S.2d 381

MERCEDES U. VILLATORO et al., Respondents, v. JOHN M. TALT, JR., et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendant. HICKSVILLE AUTO WASH, INC., et al., Third-Party Defendants.

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

Decided February 7, 2000.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to dismiss the third-party complaint is denied, the third party complaint is reinstated insofar as asserted against the third-party defendant Hicksville Auto Wash, Inc., and that branch of the cross motion which is to stay the trial of the main action to allow for the completion of discovery in the third-party action is granted.

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