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SIEGL v. NEW PLAN EXCEL REALTY TRUST, INC.

CA 10-02164

84 A.D.3d 1702 (2011)

922 N.Y.S.2d 899

SALLY SIEGL et al., Plaintiffs, v. NEW PLAN EXCEL REALTY TRUST, INC., Defendant/Third-Party Plaintiff-Appellant. AALCO SEPTIC & SEWER, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided May 6, 2011.

It is hereby ordered that the order so appealed from is affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Sally Siegl (plaintiff), who fell in a parking lot owned by defendant-third-party plaintiff, New Plan Excel Realty Trust, Inc. (New Plan). Third-party defendant AALCO Septic & Sewer, Inc. (AALCO) had been hired by New Plan to repair a water main break...

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