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MENDIETA v. 333 FIFTH AVENUE ASSOCIATION

65 A.D.3d 1097 (2009)

885 N.Y.S.2d 350

MANUEL MENDIETA, Respondent, v. 333 FIFTH AVENUE ASSOCIATION et al., Defendants/Third-Party Plaintiffs-Respondents, et al., Defendant. SPN, INC., et al., Third-Party Defendants-Appellants.

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

Decided September 15, 2009.

Ordered that the order is modified, on the law, by (1) deleting the provision thereof granting that branch of the cross motion of the defendants/third-party plaintiffs which was for summary judgment on the cause of action for contractual indemnification in the third-party complaint insofar as asserted against Perfume Valley, and substituting therefor a provision denying that branch of the cross motion, (2) deleting the provision...

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