BAILEY v. MACY'S EAST, INC.

2009-11304.

78 A.D.3d 624 (2010)

913 N.Y.S.2d 105

EVELYN BAILEY, Plaintiff, v. MACY'S EAST, INC., et al., Defendants Third-Party Plaintiffs-Appellants. BIRGER CHRISTENSEN, Doing Business as BC INTERNATIONAL GROUP, INC., Third-Party Defendant-Respondent.

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

Decided November 3, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion for summary judgment is denied, that branch of the motion of the defendants/third-party plaintiffs which was for summary judgment declaring that the third-party defendant is obligated to defend and indemnify them in the main action is granted, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment declaring that the third-party defendant...

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