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GREATER NEW YORK MUTUAL INSURANCE COMPANY v. ALEXANDER HOLDINGS, LLC

2010-06145.

80 A.D.3d 660 (2011)

915 N.Y.S.2d 151

GREATER NEW YORK MUTUAL INSURANCE COMPANY, as Subrogee of Hewlett Park Apartment Owners, Inc., Respondent, v. ALEXANDER HOLDINGS, LLC, Doing Business as BATH FITTERS, Defendant/Third-Party Plaintiff/Second Third-Party Plaintiff-Appellant. ESTHER BOGEN-BECKER, Third-Party Defendant-Respondent; HEWLETT PARK APARTMENT OWNERS, INC., Second Third-Party Defendant-Respondent. (Action No. 1.) ALLSTATE INDEMNITY COMPANY et al., Plaintiffs, v. ALEXANDER HOLDINGS, LLC, Doing Business as BATH FITTERS, Defendant/Third-Party Plaintiff. HEWLETT PARK APARTMENT OWNERS, INC., Third-Party Defendant. (Action No. 2.) ROSALIND BRACKMAN, Plaintiff, v. HEWLETT PARK APARTMENT OWNERS et al., Defendants. (Action No. 3.)

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

Decided January 18, 2011.

Ordered that the order is reversed, on the law, with one bill of costs payable by the plaintiff in action No. 1, the third-party defendant in action No. 1, and the second third-party defendant in action No. 1, and the motion, in effect, to vacate the provision of the order dated February 3, 2010, directing Richard Langone to be produced for a deposition, is granted.

This litigation arises out of a fire that occurred at 1375-1395 Broadway in Hewlett. Hewlett Park Apartment...

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