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BAGINSKI v. QUEEN GRAND REALTY, LLC

2008-08818

68 A.D.3d 905 (2009)

2009 NY Slip Op 9412

891 N.Y.S.2d 448

MARIUSZ BAGINSKI et al., Plaintiffs, v. QUEEN GRAND REALTY, LLC, et al., Appellants, et al., Defendant, and MILCON CONSTRUCTION CORP., Defendant and Third-Party Plaintiff-Respondent. MACRO CONTRACTION CORP., Third-Party Defendant-Respondent.

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

Decided December 15, 2009.

Ordered that the order is modified, on the law, (1) by deleting the provisions thereof denying those branches of the appellants' cross motion which were for leave to amend their answer to assert a cause of action for contractual indemnification on behalf of the defendant Queen Grand Realty, LLC, against the second third-party defendant, to deem the proposed amended answer containing that cause of action served and filed nunc pro tunc, and for summary judgment on that proposed...

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