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QUINTAVALLE v. MITCHELL BACKHOE SERVICE, INC.

306 A.D.2d 454 (2003)

761 N.Y.S.2d 841

JOSEPH M. QUINTAVALLE et al., Respondents-Appellants, v. MITCHELL BACKHOE SERVICE, INC., Defendant and Third-Party Plaintiff-Appellant-Respondent, and 65 GREENFIELD DEVELOPMENT CORP., Appellant-Respondent. MICHAEL QUINTAVALLE TREE SERVICE, INC., Third-Party Defendant.

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

Decided June 23, 2003.

Ordered that the cross appeal is dismissed as withdrawn; and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, the motions are granted, and the complaint and the third-party complaint are dismissed; and it is further,

Ordered that one bill of costs is awarded to the defendants Mitchell Backhoe Service, Inc., and 65 Greenfield Development Corp.

On June 22, 1999, the injured plaintiff Joseph Michael Quintavalle ...

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