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FIGUEROA v. TORNABENE

2009-02419.

74 A.D.3d 872 (2010)

902 N.Y.S.2d 637

SAMUEL FIGUEROA, Respondent, v. FELICE TORNABENE et al., Appellants, and METROPOLITAN LUMBER, HARDWARE AND BUILDING SUPPLIES, INC., et al., Respondents, et al., Defendants.

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

Decided June 8, 2010.

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, the motion of the defendants Felice Tornabene and Salvatore Tornabene for summary judgment dismissing the complaint and all cross claims insofar as asserted against them is granted, and that branch of the plaintiff's cross motion which was for summary judgment against those defendants on the issue of liability is denied.

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