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DAQUARO v. MODERN CONTINENTAL CONSTRUCTION CO., INC.

8 A.D.3d 324 (2004)

777 N.Y.S.2d 707

VINCENT DAQUARO et al., Respondents, v. MODERN CONTINENTAL CONSTRUCTION CO., INC., Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. TRICON ENTERPRISES, INC., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

June 7, 2004.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

In support of its motion for conditional summary judgment on its third-party cause of action for contractual indemnification, the defendant third-party plaintiff Modern Continental Construction Co., Inc. (hereinafter Modern), failed to establish its prima facie entitlement to judgment as a matter of law (see Alvarez...

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