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DePASCALE v. E&A CONSTRUCTION CORP.

2009-02253.

74 A.D.3d 1128 (2010)

904 N.Y.S.2d 109

JOSEPH DePASCALE et al., Respondents-Appellants, v. E&A CONSTRUCTION CORP., Defendant/Third-Party Plaintiff-Respondent-Appellant, PETER GISOLFI ASSOCIATES, Respondent-Appellant, and JMOA ENGINEERING, P.C., et al., Respondents, et al., Defendants. MCS FLOOR COVERING SERVICES, INC., Third-Party Defendant/Second Third-Party Plaintiff-Appellant-Respondent, et al., Third-Party Defendants; PRIDE CARPET INC., Second Third-Party Defendant-Respondent-Appellant.

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

Decided June 22, 2010.

Ordered that the cross appeal by the defendant/third-party plaintiff, E&A Construction Corp., from so much of the order as denied those branches of the motion of the defendant Peter Gisolfi Associates which were for summary judgment dismissing the complaint insofar as asserted against that defendant and denied those branches of the motions of the third-party defendant/second third-party plaintiff, MCS Floor Covering Services, Inc., and the second third-party defendant...

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