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BOONE v. 100 MARCUS DRIVE ASSOCIATES

61 A.D.3d 798 (2009)

877 N.Y.S.2d 433

RANDY W. BOONE et al., Respondents, v. 100 MARCUS DRIVE ASSOCIATES et al., Respondents-Appellants, and MELVILLE SNOW CONTRACTORS, INC., Defendant and Third-Party Plaintiff-Appellant-Respondent. HY GRADE CONSTRUCTION, INC., Third-Party Defendant, and JIM'S ASPHALT PAVING, INC., et al., Third-Party Defendants-Respondents-Appellants.

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

Decided April 21, 2009.

Ordered that the order is reversed, on the law, with one bill of costs payable by the plaintiff to the defendants and the third-party defendants Jim's Asphalt Paving, Inc., and Jimmie Newsome appearing separately and filing separate briefs, that branch of the motion of the defendant and third-party plaintiff Melville Snow Contractors, Inc., which was for summary judgment dismissing the complaint and all cross claims insofar as asserted...

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