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ROACH v. AVR REALTY COMPANY, LLC

41 A.D.3d 821 (2007)

839 N.Y.S.2d 173

MARSHA E. ROACH et al., Respondents, v. AVR REALTY COMPANY, LLC, et al., Defendants and Third-Party Plaintiffs/ Second Third-Party Plaintiffs-Respondents, R.B.R. SNOW CONTRACTORS, INC., Defendant and Third-Party Defendant/Third Third-Party Plaintiff-Appellant-Respondent, and BOVE INDUSTRIES, Defendant and Second Third-Party Defendant/Third Third-Party Defendant-Respondent-Appellant, et al., Defendants.

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

Decided June 26, 2007.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying those branches of the motion of R.B.R. Snow Contractors, Inc., which were for summary judgment dismissing the complaint and third-party complaint insofar as asserted against it, and substituting therefor a provision granting those branches of the motion, and (2) by deleting the provision thereof denying those branches of the cross motion of Bove Industries which were for summary...

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