Ordered that the appeal from so much of the order as failed to grant that branch of the cross motion of the defendant Serge Elevator Co., Inc., which was for summary judgment dismissing the third-party complaint and all cross-claims insofar as asserted against it based upon the Kingsbrook Jewish Center's alleged spoliation of evidence is dismissed, as that branch of the cross motion remains pending and undecided (see Katz v Katz,
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GILBERT v. KINGSBROOK JEWISH CENTER
4 A.D.3d 392 (2004)
771 N.Y.S.2d 399
PATRICK GILBERT, Respondent, v. KINGSBROOK JEWISH CENTER, Respondent-Appellant, and SERGE ELEVATOR CO., INC., Appellant-Respondent.
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
February 9, 2004.
February 9, 2004.
Appellate Division of the Supreme Court of the State of New York, Second Department.
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