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DAMIANI v. FEDERATED DEPARTMENT STORES, INC.

23 A.D.3d 329 (2005)

804 N.Y.S.2d 103

ANTHONY DAMIANI et al., Respondents, v. FEDERATED DEPARTMENT STORES, INC., Defendant and First, Second and Third Third-Party Plaintiff-Respondent, CORPORATE PROPERTY INVESTORS, Defendant and First, Second and Third Third-Party Plaintiff-Respondent-Appellant, DYNAMIC RESOURCES, INC., Appellant, LEVI STRAUSS & CO., INC., Defendant and Third-Party Defendant-Respondent-Appellant, and HUTTON ELECTRICAL CONTRACTING CORP., Defendant and Second Third-Party Defendant-Respondent. GILMAN CONSTRUCTION COMPANY, Third Third-Party Defendant-Appellant-Respondent.

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

November 7, 2005.

Ordered that the separate cross appeals of Corporate Property Investors and Levi Strauss & Co., Inc., are dismissed as abandoned, without costs or disbursements (see 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of Gilman Construction Company which was for summary judgment on its cross claim against Hutton Electrical Contracting Corp. for contractual...

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