CARELLA v. REILLY & ASSOCIATES


22 A.D.3d 623 (2005)

803 N.Y.S.2d 428

MICHAEL CARELLA et al., Plaintiffs, v. REILLY & ASSOCIATES et al., Defendants and Third Third-Party Plaintiffs-Respondents. ITALIANO BROS. DRYWALL, INC., et al., Third Third-Party Defendants-Appellants. (And Other Third-Party Actions.)

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

October 17, 2005.


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was to dismiss the third third-party complaint, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the appellants, and the third third-party complaint is dismissed.

The plaintiff allegedly was injured when he fell from a scaffold on a construction...

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