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URBINA v. 26 COURT STREET ASSOCIATES, LLC

12 A.D.3d 225 (2004)

784 N.Y.S.2d 524

CARLOS URBINA et al., Plaintiffs, v. 26 COURT STREET ASSOCIATES, LLC, et al., Defendants, and R&J CONSTRUCTION CORP., Respondent. TSI COURT STREET, INC., Third-Party Plaintiff, v. ABSOLUTE ELECTRICAL CONTRACTING, INC., Third-Party Defendant-Appellant.

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

November 16, 2004.

We reject R&J's argument that Absolute has no right to appeal from that part of the motion court's order granting R&J summary judgment. Absolute is "aggrieved" from that determination, within the meaning of CPLR 5511, insofar as it precludes Absolute's assertion of claims for indemnification or contribution against R&J (see Scoville v Town of Amherst, 277 A.D.2d 1038 [2000]).

Plaintiff's common-law negligence...

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