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SINGH v. CITY OF NEW YORK

294 A.D.2d 422 (2002)

741 N.Y.S.2d 915

JOGINDER SINGH, Respondent, v. CITY OF NEW YORK et al., Defendants and Third-Party Plaintiffs-Appellants. EMB CONTRACTING CORP. et al., Third-Party Defendants-Respondents.

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

Decided May 13, 2002.

Ordered that the order is modified, on the law and as an exercise of discretion, by (1) deleting the provision thereof granting the motion for summary judgment dismissing the third-party complaint and substituting therefor a provision denying the motion, and (2) deleting the provision thereof denying as academic the plaintiff's motion for severance of the third-party action and substituting therefor a provision granting the plaintiff...

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