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CARELLA v. REILLY & ASSOCIATES

297 A.D.2d 326 (2002)

746 N.Y.S.2d 315

MICHAEL CARELLA et al., Plaintiffs, v. REILLY & ASSOCIATES et al., Defendants and Third-Party Plaintiffs-Respondents. ITALIANO BROTHERS DRYWALL AND STUCCO, INC., Third-Party Defendant-Appellant.

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

Decided August 19, 2002.

Ordered that the order dated February 21, 2001, is affirmed insofar as appealed from; and it is further,

Ordered that the order entered August 3, 2001, is reversed insofar as appealed from, on the law and as a matter of discretion, that branch of the motion of the defendants third-party plaintiffs which was to strike the answer of the third-party defendant is denied, and the third-party defendant's answer is reinstated; and it is further,

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