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LODATO v. GREYHAWK N. AM.

10 Misc.3d 418 (2005)

807 N.Y.S.2d 818

CHARLES LODATO, Plaintiff, v. GREYHAWK NORTH AMERICA, L.L.C., et al., Defendants. GREYHAWK NORTH AMERICA, L.L.C., Third-Party Plaintiff, v. NAGAN CONSTRUCTION, INC., Third-Party Defendant and Fourth-Party Plaintiff. MAGARA CONSTRUCTION et al., Fourth-Party Defendants.

Supreme Court, Kings County.

September 23, 2005.

Attorney(s) appearing for the Case

Everett J. Peterson, Brooklyn, for Vito Lodato.

Morici & Morici, LLP, Garden City (William Baier of counsel), for Magara Construction, Inc.

Berman, Paley, Goldstein & Kannry, LLP, New York City (Howard Burger of counsel), for Nagan Construction, Inc.

O'Connor, O'Connor, Hintz & Devaney, LLP, Melville (Philip Castellano of counsel), for Palace Electrical Contractors Inc.

Kral, Clerkin, Redmond, Ryan, Perry & Girvan, New York City (Michael Veras of counsel), for Greyhawk North America, L.L.C.

Robert C. Fontanelli, P.C., Brooklyn (Mark J. Rayo of counsel), for Charles Lodato.

OPINION OF THE COURT

LAWRENCE KNIPEL, J.

Fourth-party defendant Vito Lodato moves for an order, pursuant to CPLR 3212, granting summary judgment dismissing the fourth-party action insofar as asserted against him in his individual capacity.

The above-captioned third-party and fourth-party actions were severed from the underlying action by order of this court dated January 19, 2005.

Factual Background

The main action is one to recover...

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