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RODRIGUEZ v. FRANKLIN DEVELOPMENT CO., INC.

43 A.D.3d 1134 (2007)

842 N.Y.S.2d 82

THOMAS RODRIGUEZ, Respondent, v. FRANKLIN DEVELOPMENT CO., INC., et al., Defendants and Third-Party Plaintiffs-Appellants, and HI/RISE RECYCLING SYSTEMS, INC., Also Known as IDC ACQUISITION, SUB, INC., Respondent. HERTLEIN SPECIAL TOOL CO., INC., Third-Party Defendant-Respondent.

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

Decided September 25, 2007.

Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the motion of the defendants Franklin Development Co., Inc., Simone Development Corporation, and William Weinstein Realty Corp. which were for summary judgment dismissing the complaint and all cross claims insofar as asserted against the defendants Franklin Development Co., Inc., and William Weinstein Realty Corp. and substituting therefor a provision granting those...

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