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LIPSHULTZ v. K & G INDUSTRIES, INC.

294 A.D.2d 338 (2002)

742 N.Y.S.2d 90

JOHN LIPSHULTZ et al., Plaintiffs, v. K & G INDUSTRIES, INC., Respondent, STRESCON INDUSTRIES, INC., Defendant and Third-Party Plaintiff, et al., Defendant. CAR-WIN CONSTRUCTION, INC., Third-Party Defendant-Appellant.

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

Decided May 6, 2002.

Ordered that the order, as amended, is reversed, on the law, the motion is granted, the cross claims of the defendant K & G Industries, Inc., insofar as asserted against the appellant are dismissed, and the cross claims of the defendant K & G Industries, Inc., insofar as asserted against the defendants Strescon Industries, Inc., and Brooklyn Park Deck Repair Company are severed; and it is further,

Ordered that the appellant is awarded one bill of costs payable...

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