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CHACON v. CALIMIA CONSTRUCTION COMPANY

306 A.D.2d 306 (2003)

760 N.Y.S.2d 656

RODRIGO CHACON, Plaintiff, v. CALIMIA CONSTRUCTION COMPANY, Defendant and Third-Party Defendant-Appellant-Respondent, and BRUNO FRUSTACI CONTRACTING, INC., Defendant and Third-Party Plaintiff-Respondent-Appellant, et al., Defendants. NEYS ESCOBAR, Third-Party Defendant-Appellant-Respondent, et al., Third-Party Defendants.

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

Decided June 9, 2003.

Ordered that the cross appeal is dismissed as abandoned (see 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to Bruno Frustaci Contracting, Inc.

The Supreme Court correctly denied that branch of the motion of the subcontractor, Calimia Construction Company, and its owner, Neys Escobar...

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