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NC VENTURE I, L.P. v. COMPLETE ANALYSIS, INC.

22 A.D.3d 544 (2005)

801 N.Y.S.2d 763

NC VENTURE I, L.P., Respondent, v. COMPLETE ANALYSIS, INC., et al., Defendants, and JOSEPH E. FIEGOLI et al., Defendants and Third-Party Plaintiffs-Respondents. VALLEY FORGE INSURANCE COMPANY, Third-Party Defendant-Appellant.

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

October 11, 2005.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was to dismiss the third-party complaint pursuant to CPLR 3211 (a) (3) is granted.

The Supreme Court erred in denying that branch of the motion of the third-party plaintiff Valley Forge Insurance Company which was to dismiss the third-party complaint pursuant to CPLR 3211 (a) (3), as the defendants third-party plaintiffs, Joseph E. Fiegoli and Rosalie...

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