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FERMAGLICH v. ARNONE

36 A.D.3d 584 (2007)

828 N.Y.S.2d 171

MOLLIE FERMAGLICH, Plaintiff, v. GIUSEPPE O. ARNONE et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendants. GREAT SPRINGS WATERS, Third-Party Defendant-Respondent.

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

Decided January 9, 2007.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the third-party defendant's motion for summary judgment dismissing the third-party complaint. Even assuming that the delivery truck owned by the third-party defendant was parked in violation of parking regulations, the third-party defendant demonstrated its entitlement to judgment as a matter of law by presenting evidence that the location...

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