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STATEN ISLAND NEW YORK CVS, INC. v. GORDON RETAIL DEVELOPMENT, LLC

57 A.D.3d 760 (2008)

870 N.Y.S.2d 74

STATEN ISLAND NEW YORK CVS, INC., Appellant-Respondent, v. GORDON RETAIL DEVELOPMENT, LLC, et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants, and NAVE, NEWELL & STAMPFL, LTD., et al., Respondents-Appellants. FUTURE TECH CONSULTANTS OF NEW YORK, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendants. (Action No. 1.) STATEN ISLAND NEW YORK CVS, INC., et al., Appellants, v. MXW HOLDING CORP., Respondent. (Action No. 2.)

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

December 16, 2008.

Ordered that the appeal by CVS Pharmacy, Inc., a plaintiff in action No. 2, from so much of the order as granted those branches of the motion of the defendants Gordon Retail Development, LLC, MPG Construction Corp., and MPG Construction, LLP, the cross motion of the defendant Virga Contractors, Inc., and the separate cross motion of the defendants Nave, Newell & Stampfl, Ltd., and Nave Newell, Inc., which were for summary judgment...

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