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MANISCALCO v. LIRO ENGINEERING CONSTRUCTION MANAGEMENT, P.C.

305 A.D.2d 378 (2003)

759 N.Y.S.2d 163

LUCIANO MANISCALCO, Appellant, v. LIRO ENGINEERING CONSTRUCTION MANAGEMENT, P.C., Respondent, and VAN TAG CONSTRUCTION, Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. LAFATA-CORALLO PLUMBING & HEATING, INC., Third-Party Defendant-Respondent.

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

Decided May 5, 2003.

Ordered that the order is modified, on the law, by (1) deleting the provision thereof denying the cross motion and substituting therefor a provision granting the cross motion, and (2) deleting the provision which, in effect, searched the record and granted summary judgment dismissing the complaint insofar as asserted against the defendant Liro Engineering Construction Management, P.C.; and it is further,

Ordered that one bill of costs is awarded to the plaintiff,...

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