TAVELLA v. SKANSKA USA, INC.

22597/2008.

28 Misc.3d 885 (2010)

902 N.Y.S.2d 328

ANGELO TAVELLA, Plaintiff, v. SKANSKA USA, INC., et al., Defendants. HAZEN AND SAWYER, P.C., et al., Third-Party Plaintiffs, v. KOEHLER MASONRY CORP., Third-Party Defendant.

Supreme Court, Kings County.

Decided May 27, 2010.


Attorney(s) appearing for the Case

Rawle & Henderson LLP, New York City, for Koehler Masonry Corp., third-party defendant. Lawrence, Worden, Rainis & Bard, P.C., Melville, for Hazen and Sawyer, P.C. and others, defendants and third-party plaintiffs. Brecher, Fishman, Pasternack, Walsh, Tilker & Ziegler, P.C., New York City, for plantiff. Fabiani Cohen & Hall, LLP, New York City, for Skanska USA, Inc., and others, defendants. Law Offices of Jeffrey S. Shein & Associates, P.C., Syosset, for James McCullagh Co., Inc., and others, defendants. Cartafalsa, Slattery, Turpin & Lenoff, New York City, for A.J. Pegno Construction Corp. and others, defendants. Nicoletti Hornig & Sweeney, New York City, for TAMS/Earth Tech, Inc., and others, defendants.


OPINION OF THE COURT

WAYNE P. SAITTA, J.

Third-party defendant, Koehler Masonry Corp. (hereinafter third-party defendant or Koehler), cross-moves for an order granting summary judgment dismissing the third-party complaint of defendants and third-party plaintiffs Hazen and Sawyer, P.C., Malcolm Pirnie, Inc., Hazen and Sawyer, P.C./Malcolm Pirnie, Inc., A Joint Venture (hereinafter Hazen and Sawyer), pursuant to CPLR 3212, and any and all cross claims and...

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