MARANO v. COMMANDER ELECTRIC, INC.


12 A.D.3d 571 (2004)

785 N.Y.S.2d 109

TIMOTHY MARANO et al., Appellants-Respondents, v. COMMANDER ELECTRIC, INC., Defendant and Third-Party Plaintiff-Respondent-Appellant, VALENTE CONTRACTING CORP., Respondent, et al., Defendants. YORK CONCRETE, INC., Third-Party Defendant-Appellant.

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

November 22, 2004.


Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the motion of the defendant Valente Contracting Corp. which were for summary judgment dismissing the plaintiffs' cause of action alleging common-law negligence and the cross claims of the defendant third-party plaintiff insofar as asserted against it, and substituting therefor provisions denying those branches of the motion; as so modified, the order is affirmed insofar...

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