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GOODMAN, JR. v. CF GALLERIA AT WHITE PLAINS, LP

39 A.D.3d 588 (2007)

833 N.Y.S.2d 617

EDWARD A. GOODMAN, JR., Plaintiff, v. CF GALLERIA AT WHITE PLAINS, LP, et al., Appellants, and FEDERATED DEPARTMENT STORES, INC., et al., Respondents. (Appeal No. 1.) EDWARD A. GOODMAN, JR., Plaintiff, v. CF GALLERIA AT WHITE PLAINS, LP, et al., Respondents, and FEDERATED DEPARTMENT STORES, INC., et al., Appellants. (Appeal No. 2.) (And a Third-Party Action.)

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

Decided April 10, 2007.

Ordered that the order dated July 14, 2005 is affirmed insofar as appealed from; and it is further,

Ordered that the order dated September 1, 2005 is reversed insofar as appealed from, on the law and the facts, and that branch of the motion of the defendants Federated Department Stores, Inc., and Macy's East, Inc., doing business as Macy's, which was for summary judgment on the issues of common-law and contractual indemnification is granted; and it is further,

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