NAVILLUS TILE, INC. v. GEORGE A. FULLER COMPANY, INC.

2010-05908.

83 A.D.3d 919 (2011)

920 N.Y.S.2d 786

NAVILLUS TILE, INC., Doing Business as NAVILLUS CONTRACTING, Appellant, v. GEORGE A. FULLER COMPANY, INC., et al., Respondents.

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

Decided April 19, 2011.


Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the motion of the defendant George A. Fuller Company, Inc., which was for summary judgment dismissing the third cause of action insofar as asserted against it and substituting therefor a provision denying that branch of the motion, and (2) by deleting the provision thereof, in effect, searching the record and awarding summary judgment dismissing the third cause of...

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