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ESTATE OF JOSE MARTINEZ v. HOLLYWOOD ATRIUM GYM

41 A.D.3d 637 (2007)

836 N.Y.S.2d 894

ESTATE OF JOSE MARTINEZ, Deceased, Plaintiff, v. HOLLYWOOD ATRIUM GYM, Defendant and Third-Party Plaintiff-Respondent, and 235 MILL STREET, INC., Respondent. DELCA AIR CONDITIONING & HEATING CORP., Third-Party Defendant-Appellant.

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

Decided June 19, 2007.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was for a conditional order of indemnification in favor of the defendant 235 Mill Street, Inc., and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court erred in determining that 235 Mill Street,

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