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MASI v. KIR MUNSEY PARK 020 LLC

2009-09840

76 A.D.3d 514 (2010)

906 N.Y.S.2d 88

KATHERINE MASI et al., Plaintiffs, v. KIR MUNSEY PARK 020 LLC et al., Respondents, and WHOLE FOODS MARKET GROUP, INC., Doing Business as WHOLE FOODS MARKET, Appellant, et al., Defendant.

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

Decided August 3, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs, and, upon searching the record, summary judgment is awarded to the defendants Kir Munsey Park 020 LLC, and Kimco Realty Corporation dismissing the cross claim for contractual indemnification asserted against them by the defendant Whole Foods Market Group, Inc., doing business as Whole Foods Market.

The Supreme Court properly denied that branch of the...

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