DiBUONO v. ABBEY, LLC

2010-00871.

83 A.D.3d 650 (2011)

922 N.Y.S.2d 101

JAMES DiBUONO et al., Plaintiffs, v. ABBEY, LLC, et al., Defendants, and L.M.C. PARTNERS, LLC, Defendant/Third-Party Plaintiff-Respondent. PALISADES RESOURCES, INC., Third-Party Defendant-Appellant.

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

Decided April 5, 2011.


Ordered that the order is modified, on the law, (1) by deleting the provisions thereof granting those branches of the motion of the defendant/third-party plaintiff which was for summary judgment on so much of its cause of action, in effect, for contractual indemnification as was based on damages allegedly sustained before and after the term of the subject lease and on so much of its cause of action which was for a judgment declaring that the third-party defendant is obligated...

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