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SAND v. CITY OF NEW YORK

2009-11479.

83 A.D.3d 923 (2011)

921 N.Y.S.2d 312

ADAM SAND, Respondent, v. CITY OF NEW YORK, Defendant/Third-Party Plaintiff, and VERIZON NEW YORK, INC., Defendant/Third-Party Defendant/Fourth-Party Plaintiff-Respondent. S. DiFAZIO AND SONS CONSTRUCTION, INC., Fourth-Party Defendant-Appellant.

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 denying that branch of the cross motion of S. DiFazio and Sons Construction, Inc., which was for summary judgment dismissing the complaint insofar as asserted against Verizon New York, Inc., and substituting therefor a provision granting that branch of the cross motion, (2) by deleting the provision thereof granting that branch of the motion of Verizon New York, Inc., which was for summary...

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