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BADIAK v. WHITE PLAIN, LLC

21282/2008

31 Misc.3d 765 (2011)

918 N.Y.S.2d 329

ALEXANDER BADIAK, Plaintiff, v. WHITE PLAIN KENSINGTON, LLC, et al., Defendants. MPCC CORP., Third-Party Plaintiff, v. A.J. McNULTY, Third-Party Defendant.

Supreme Court, Kings County.

Decided March 2, 2011.

Attorney(s) appearing for the Case

David H. Mayer , New York City, for third-party defendant.

Couch White, LLP, Albany ( Melanie Lafond of counsel), for plaintiff.

Melito & Adolfsen, P.C., New York City ( Robert D. Ely of counsel), for defendant and third-party plaintiff.

OPINION OF THE COURT

WAYNE P. SAITTA, J.

Third-party defendant A.J. McNulty moves this court for an order pursuant to CPLR 3212 for summary judgment against the third-party plaintiff and granting further relief as this court deems just and proper.

Third-party defendant A.J. McNulty's motion for summary judgment is granted for the reasons set forth below.

Facts

White Plain Kensington, LLC is the owner of the Longview Avenue Parking...

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