BAUERLEIN v. ARMY

2008-11113.

74 A.D.3d 851 (2010)

905 N.Y.S.2d 215

KARL BAUERLEIN et al., Respondents-Appellants, et al., Plaintiff, v. SALVATION ARMY et al., Respondents-Appellants, ALLIANCE ELEVATOR GROUP, LLC, Also Known as AEG, LLC, et al., Respondents, LANDMARK ELEVATOR CONSULTANTS, INC., Defendant/Second Third-Party Defendant-Respondent-Appellant, INCLINATOR COMPANY OF AMERICA, INC., Defendant/Second Third-Party Plaintiff-Appellant-Respondent, et al., Defendant. ALLIANCE ELEVATOR COMPANY, Third-Party Plaintiff/Second Third-Party Defendant-Respondent-Appellant; P.M. ASSOCIATES, Third-Party Defendant/Second Third-Party Defendant-Respondent; SCHINDLER GROUP et al., Second Third-Party Defendants-Respondents; UNITED TECHNOLOGIES CORPORATION OF NEW YORK CITY et al., Second Third-Party Defendants-Respondents-Appellants, et al., Third-Party Defendants. (And an Additional Third-Party Action.)

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

Decided June 8, 2010.


Ordered that the appeal by the defendant Alliance Elevator Company, doing business as Unitec Elevator Company, and the third-party plaintiff/second third-party defendant, Alliance Elevator Company, from so much of the order as denied those branches of their cross motion which were for leave to renew that branch of their motion which was for leave to amend the caption in the main action by deleting Unitec Elevator Services from the caption of the main action and substituting...

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