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ALTINMA v. EAST 72nd GARAGE CORP.

2007-00236

2008 NY Slip Op 07202

NADER ALTINMA, ETC., plaintiff-respondent-appellant, v. EAST 72ND GARAGE CORP., defendant-respondent-appellant, ACE OVERHEAD GARAGE DOOR, INC., defendant third third-party plaintiff appellant-respondent, CHARLES CALDERONE ASSOCIATES, INC., defendant third-party plaintiff-appellant-respondent; GLENWOOD MANAGEMENT CORP., third-party defendant/second third-party plaintiff/third third-party defendant-appellant-respondent; HUMPHREY MAN-LIFT CORP., second third-party defendant-respondent; ET AL., third third-party defendant.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Ahmuty, Demers & McManus, Albertson, N.Y. (Brendan T. Fitzpatrick of counsel), for defendant third third-party plaintiff-appellant-respondent.

Milber Makris Plousadis & Seiden, LLP, White Plains, N.Y. (Michael A. Heran and Roseanne DeBellis of counsel), for defendant third-party plaintiff-appellant-respondent.

Sullivan Papain Block McGrath & Cannavo, P.C., New York, N.Y. (Stephen C. Glasser and Susan M. Jaffe of counsel), for plaintiff-respondent-appellant.

Callan, Koster, Brady & Brennan, LLP, New York, N.Y. (Kenneth S. Merber of counsel), for defendant-respondent-appellant.

Downing & Peck, P.C., New York, N.Y. (John M. Downing, Jr., of counsel), for second third-party defendant-respondent.

Before: William F. Mastro, J.P., Peter B. Skelos, Joseph Covello, John M. Leventhal, JJ.

DECISION & ORDER

ORDERED that the separate appeal by Glenwood Management Corp. is dismissed as abandoned (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the order is reversed insofar as appealed from by Ace Overhead Garage Door, Inc., and Charles Calderone Associates, Inc., on the law, without costs or disbursements, the motion of Ace Overhead Garage Door, Inc., for summary judgment dismissing the complaint insofar as asserted against...

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