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D'ALTO v. 22-24 129TH STREET, LLC

2009-05265

76 A.D.3d 503 (2010)

906 N.Y.S.2d 79

MICHAEL D'ALTO, JR., et al., Respondents, v. 22-24 129TH STREET, LLC, Respondent-Appellant, and PACIFIC LAWN SPRINKLERS, INC., Appellant-Respondent, et al., Defendants.

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

Decided August 3, 2010.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the motion of the defendant Pacific Lawn Sprinklers, Inc., which was for summary judgment dismissing the cross claim for contractual indemnification asserted against it by the defendant 22-24 129th Street, LLC, and substituting therefor a provision granting that branch of the motion, and (2) by deleting the provision thereof denying, as premature, that branch of the...

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