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DAVIDSON v. MIELE SANITATION CO., NY, INC.

28 A.D.3d 509 (2006)

812 N.Y.S.2d 650

RICHARD DAVIDSON et al., Plaintiffs, v. MIELE SANITATION CO., NY, INC., Defendant, and CLARKSTOWN RECYCLING CENTER, INC., Defendant and Third-Party Plaintiff-Respondent-Appellant. TOWN OF CLARKSTOWN, Third-Party Defendant-Appellant-Respondent.

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

April 11, 2006.

Ordered that the order is reversed insofar as appealed from, on the law, the third-party defendant's motion for summary judgment dismissing the third-party complaint is granted, and the third-party complaint is dismissed; and it is further,

Ordered that the order is affirmed insofar as cross-appealed from; and it is further,

Ordered that one bill of costs is awarded to the third-party defendant.

The plaintiff Richard Davidson (hereinafter the plaintiff...

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