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PROSS v. HARBORFIELDS PUBLIC LIBRARY

283 A.D.2d 412 (2001)

723 N.Y.S.2d 875

ARNOLD H. PROSS et al., Respondents, v. HARBORFIELDS PUBLIC LIBRARY, True Name BOARD OF TRUSTEES OF HARBORFIELDS PUBLIC LIBRARY, Defendant and Third-Party Plaintiff-Appellant-Respondent. A & J ANTORINO CO., INC., et al., Third-Party Defendants-Appellants.

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

Decided May 7, 2001.

Ordered that the order is modified, on the law, by deleting the provision thereof denying the motion for summary judgment dismissing the third-party complaint and substituting therefor a provision granting that motion and dismissing the third-party complaint; as so modified, the order is affirmed, with one bill of costs payable by the defendant third-party plaintiff to the plaintiffs and the third-party defendants.

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