ALIZIO v. PERPIGNANO

2008-06772

67 A.D.3d 833 (2009)

889 N.Y.S.2d 100

2009 NY Slip Op 8568

ANTHONY ALIZIO, Plaintiff, v. PETER ROBERT PERPIGNANO et al., Defendants. (Action No. 1.) P.J. ALIZIO REALTY, INC., Appellant, v. LILLIAN EISENBERG et al., Defendants and Third-Party Plaintiffs-Respondents. PETER ALIZIO, Third-Party Defendant-Appellant. (Action No. 2.) LILLIAN EISENBERG et al., Plaintiffs, v. P.J. ALIZIO REALTY, INC., et al., Defendants. (Action No. 3.) ANTHONY ALIZIO, Plaintiff v. GREGORY RONAN et al., Defendants. (Action No. 4.) LILLIAN EISENBERG et al., Respondents v. P.J. ALIZIO REALTY, INC., et al., Appellants. (Action No. 5.)

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

Decided November 17, 2009.


Ordered that the order, as corrected, is modified, on the law, by deleting the provision thereof denying that branch of the motion which was pursuant to CPLR 3211 (a) (7) to dismiss the third-party complaint against Peter Alizio in action No. 2, and substituting therefor a provision granting that branch of the motion; as so modified, the order, as corrected, is affirmed, without costs or disbursements.

Five limited partnerships (hereinafter the partnerships) were...

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