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VITTI v. HERMITAGE INSURANCE COMPANY

43 A.D.3d 765 (2007)

843 N.Y.S.2d 213

MARIO VITTI et al., Respondents, v. HERMITAGE INSURANCE COMPANY, Appellant, et al., Defendants.

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

Decided September 25, 2007.

Defendant Richard Hauptner was allegedly injured as a result of construction work being performed near his home. Hauptner and his wife commenced an action in Bronx County against the parties performing the construction work and the owners of the premises under construction, and a third-party action was subsequently commenced against plaintiffs herein. When plaintiffs herein forwarded the third-party summons and complaint to their...

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