RYBA v. ALMEIDA


44 A.D.3d 740 (2007)

843 N.Y.S.2d 388

ARTUR RYBA, Appellant, v. JOAQUIM ALMEIDA et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Defendants. EAST COAST STUCCO & CONSTRUCTION, INC., Third-Party Defendant-Respondent.

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

Decided October 9, 2007.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion of the defendants Joaquim Almeida and Maria Almeida which was for summary judgment dismissing the complaint insofar as asserted against them is denied, those provisions of the order which denied, as academic, that branch of the motion of the defendants Joaquim Almeida and Maria Almeida which was for conditional common-law indemnification against the third-party defendant...

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