TAMA v. GARGIULO BROS., INC.


61 A.D.3d 958 (2009)

878 N.Y.S.2d 128

STANISLAW TAMA, Respondent-Appellant, and KATARZYNA RYCZOWSKA, Respondent, v. GARGIULO BROS., INC., Defendant and Third-Party Plaintiff-Respondent-Appellant, and OUR LADY OF REFUGE ROMAN CATHOLIC CHURCH, Appellant-Respondent. SAKO GROUP, LTD., Third-Party Defendant-Respondent-Appellant.

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

Decided April 28, 2009.


Ordered that the cross appeal by the plaintiff Stanislaw Tama is dismissed as abandoned; and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the cross motion of the defendant and third-party plaintiff, Gargiulo Bros., Inc., which was for summary judgment on its third-party claims for contractual and common-law indemnification and substituting therefor a provision denying that branch of that cross...

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