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HAGEMAN v. HOME DEPOT U.S.A., INC.

45 A.D.3d 730 (2007)

846 N.Y.S.2d 302

DANIEL HAGEMAN, Appellant-Respondent, v. HOME DEPOT U.S.A., INC., Defendant and Third-Party Plaintiff-Respondent-Appellant. B & G ELECTRICAL CONTRACTORS OF L.I., INC., et al., Third-Party Defendants-Respondents-Appellants.

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

Decided November 20, 2007.

Ordered that the cross appeal by the third-party defendants is dismissed as abandoned (see 22 NYCRR 670.8 [e]); and it is further,

Ordered that the order is modified, on the law, on the facts, and in the exercise of discretion (1) by deleting the provision thereof denying the plaintiff's cross motion for leave to serve a supplemental bill of particulars so as to assert a violation of 12 NYCRR 23-3.3 (c), and substituting therefor a provision granting the plaintiff...

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