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ANDRUSZIEWICZ v. ATLAS

13 A.D.3d 325 (2004)

788 N.Y.S.2d 395

ANDREZ ANDRUSZIEWICZ, Plaintiff, v. EDYTHE ATLAS et al., Defendants, and NY BROAD HOLDINGS, INC., Defendant and Third-Party Plaintiff-Respondent. HOT CONSTRUCTION CORP., Doing Business as FAST TRACK CONSTRUCTION, Third-Party Defendant-Respondent; NATIONAL ABATEMENT CORP., et al., Third-Party Defendants-Appellants. (And a Third-Party Action.)

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

December 6, 2004.

Ordered that the appeal by NAC Environmental Services Corp. is dismissed, as that appellant is not aggrieved by the judgment; and it is further,

Ordered that the judgment is reversed insofar as reviewed, on the law, and National Abatement Corp. is granted a new trial; and it is further,

Ordered that costs, if any, shall abide the event of the new trial.

The issue on this appeal is whether Hot Construction Corp., doing business as Fast Track Construction...

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