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SOSSA v. ELDOR CONTRACTING CORP.

303 A.D.2d 745 (2003)

757 N.Y.S.2d 456

ALVARO Z. SOSSA, Respondent-Appellant, v. ELDOR CONTRACTING CORP., Appellant-Respondent, and HENDRICKSON/ SCALAMANDRE/POSILLICO, A TRI-VENTURE, Respondent. (And a Third-Party Action.)

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

Decided March 31, 2003.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs payable by the appellant-respondent and respondent-appellant to the defendant Hendrickson/Scalamandre/Posillico, a Tri-Venture.

The defendant Hendrickson/Scalamandre/Posillico, a Tri-Venture (hereinafter Tri-Venture) made a prima facie showing of entitlement to judgment as a matter of law. In response, the plaintiff failed...

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