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ITO v. DRYVIT SYSTEMS, INC.

16 A.D.3d 554 (2005)

792 N.Y.S.2d 516

SETSUO ITO, Respondent, v. DRYVIT SYSTEMS, INC., Appellant, et al., Defendant. (And a Third-Party Action.)

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

March 21, 2005.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

In November 1999 the plaintiff commenced this action alleging damage to the exterior cladding of his home as a result of the application of a "synthetic stucco" substance known as Exterior Insulation Finish Systems, or EIFS, which the appellant Dryvit Systems...

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