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HENSLE v. 69/70 ST. ASSOCS.

185 Misc.2d 712 (2000)

714 N.Y.S.2d 193

JANET HENSLE et al., Appellants, v. 69/70 STREET ASSOCIATES et al., Respondents, et al., Defendant. DWELLING MANAGERS, INC., et al., Defendants and Third-Party Plaintiffs-Respondents, v. STEPHEN JACOBS ASSOCIATES, P. C., et al., Third-Party Defendants-Respondents. TISHMAN CONSTRUCTION CORPORATION OF NEW YORK et al., Fourth-Party Plaintiffs-Respondents, v. KELLY MASONRY CORP. et al., Fourth-Party Defendants-Respondents.

Supreme Court, Appellate Term, First Department.

June 30, 2000.

Attorney(s) appearing for the Case

Fischbein, Badillo, Wagner, Harding, New York City (Bruce Lederman, Beth W. Fischbein and Dwight S. Chase of counsel), for appellants.

Newman Fitch Altheim Myers, P. C., New York City (Charles W. Kreines of counsel), for Dwelling Managers, Inc., defendant and third-party plaintiff-respondent.

Ahmuty, Demers & McManus, New York City (Joseph A. Oliva of counsel), for 69/70 Street Associates and others, respondents and fourth-party plaintiffs-respondents.

Wilson, Elser, Moskowitz, Edelman & Dicker, New York City (Deborah J. Denenberg of counsel), for Kelly Masonry Corp., fourth-party defendant-respondent.

Brody Fabiani & Cohen, New York City (Daniel O. Dietchweiler of counsel), for Wachsberger Roofing and Sheet Metal Works, Inc., third- and fourth-party defendant-respondent.

McCOOE, J. P., DAVIS and GANGEL-JACOB, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order entered February 17, 1998 reversed, with $10 costs, cross motions denied, and the complaint reinstated as against all defendants except defendant Douglas Elliman-Gibbons and Ives.

Appeal from order denying reargument entered September 11, 1998 dismissed, without costs, as nonappealable.

The record conclusively shows, and it is undisputed, that none of the defendants herein, save for defendant and third...

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