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BENN v. LOSQUADRO ICE COMPANY, INC.

65 A.D.3d 655 (2009)

AVONDA BENN, Respondent, v. LOSQUADRO ICE COMPANY, INC., Defendant and Third-Party Plaintiff-Respondent. UTICA RESTAURANT CORP., Defendant and Third-Party Defendant-Appellant, et al., Defendant and Third-Party Defendant.

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

Decided August 25, 2009.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the cross motion of Utica Restaurant Corp. which was pursuant to CPLR 3211 (a) (2) to dismiss the amended third-party complaint insofar as asserted against it and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff.

The plaintiff was injured on June 20...

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