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BUSSANICH v. 310 EAST 55TH STREET TENANTS

282 A.D.2d 243 (2001)

723 N.Y.S.2d 444

NICHOLAS BUSSANICH, Plaintiff, v. 310 EAST 55TH STREET TENANTS, Defendant, and NEW YORK SMSA, c/o BELL ATLANTIC NYNEX MOBILE, INC., Defendant and Third-Party Plaintiff-Appellant. COMMUNICATIONS DEVELOPMENT SYSTEMS, INC., as Successor to FWT, INC., Third-Party Defendant-Respondent.

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

Decided April 10, 2001.

The remaining claim in the third-party action, one for breach of contract, was properly dismissed. No triable issue was raised as to whether CDS was in fact a party to the prime construction contract between Bell Atlantic and FWT, Inc., inter alia, requiring FWT to indemnify Bell Atlantic and procure insurance providing Bell with coverage for liability arising from the contracted for construction. Indeed, the evidence indicates...

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