ALMEIDA OIL CO., INC. v. SINGER HOLDING CORP.


51 A.D.3d 604 (2008)

857 N.Y.S.2d 689

ALMEIDA OIL CO., INC., et al., Respondents, v. SINGER HOLDING CORP., Defendant and Third-Party Plaintiff-Appellant-Respondent. WEST VERNON PETROLEUM CORP., Third-Party Defendant-Respondent-Appellant.

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

Decided May 6, 2008.


Ordered that the order modified, on the law, by deleting the provision thereof denying that branch of the third-party defendant's cross motion which was for summary judgment dismissing the third-party complaint, and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs payable by the defendant third-party plaintiff to the plaintiffs and the third-party defendant.<...

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