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HERRNSDORF v. BERNARD JANOWITZ CONSTRUCTION CORP.

2008-04918.

67 A.D.3d 640 (2009)

889 N.Y.S.2d 600

2009 NY Slip Op 07984

LUIS MIGUEL HERRNSDORF, Appellant-Respondent, v. BERNARD JANOWITZ CONSTRUCTION CORPORATION, Defendant and Third-Party Plaintiff-Respondent, and WESTBROOK PARTNERS, LLC, et al., Respondents-Appellants. ALLRIGHT CONSTRUCTION CORP., Third-Party Defendant-Respondent; UTICA FIRST INSURANCE COMPANY, Third-Party Defendant-Appellant.

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

Decided November 4, 2009.

Ordered that the cross appeal by the defendants Westbrook Partners, LLC, and W.J. Harbor Ridge, LLC, is dismissed, as those branches of their cross motion which were for summary judgment dismissing the plaintiff's common-law negligence cause of action and for conditional summary judgment in their favor on their contractual and common-law indemnification cross claims against the defendant Bernard Janowitz Construction Corporation remain pending and undecided (see Katz v...

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