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SCHIAVETTI v. A & L, INC.

34 A.D.3d 1267 (2006)

824 N.Y.S.2d 750

ANTHONY M. SCHIAVETTI, Plaintiff, v. A & L, INC., et al., Defendants. A & L, INC., Third-Party Plaintiff-Appellant, v. CATOH, a Division of HAYWARD BAKER, Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided November 17, 2006.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the third-party complaint is reinstated.

Memorandum:

Supreme Court erred in granting the motion of third-party defendant CATOH, a Division of Hayward Baker (Hayward Baker), seeking dismissal of the third-party complaint against it pursuant to CPLR 3211 (a) (1) and (7). "Dismissal under CPLR 3211 (a)...

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