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FALKOWSKI v. KRASDALE FOODS, INC.

50 A.D.3d 1091 (2008)

858 N.Y.S.2d 665

LUKASZ FALKOWSKI, Respondent, v. KRASDALE FOODS, INC., Defendant and Third-Party Plaintiff-Respondent-Appellant and Second Third-Party Plaintiff-Respondent-Appellant. COMMERCIAL TRANSPORTATION GROUP et al., Third-Party Defendants-Appellants; COMMERCIAL PERSONNEL SERVICES, INC., Second Third-Party Defendant-Appellant.

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

Decided April 29, 2008.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs payable to Krasdale Foods, Inc., by Commercial Transportation Group, Commercial Logistics, Inc., and Commercial Personnel Services, Inc., appearing separately and filing separate briefs, and one bill of costs payable by Krasdale Foods, Inc., to the plaintiff.

The Supreme Court providently exercised its discretion in granting that branch of the plaintiff's motion...

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