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TULLINO v. PYRAMID COMPANIES

2009-08964.

78 A.D.3d 1041 (2010)

912 N.Y.S.2d 79

VINCENT TULLINO et al., Plaintiffs, v. PYRAMID COMPANIES et al., Defendants, and EKLECCO et al., Defendants/Third-Party Plaintiffs-Respondents. TERRA FIRMA CONSTRUCTION CORP., Third-Party Defendant-Appellant, et al., Third-Party Defendant. (And a Fourth-Party Action.)

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

Decided November 23, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs alleged that the injured plaintiff sustained respiratory injuries as a result of his exposure to fireproofing material during the construction of a Filene's Store at the Palisades Mall in West Nyack, New York. The third-party plaintiffs, which include owners of the premises and contractors sued in this action, commenced a third-party...

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