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SPINELLI v. VORNADO BURNSIDE PLAZA, LLC

2010-02963.

85 A.D.3d 897 (2011)

925 N.Y.S.2d 192

2011 NY Slip Op 5255

ANGELA SPINELLI, Plaintiff, v. VORNADO BURNSIDE PLAZA, LLC, Appellant, and STOP & SHOP SUPERMARKET, Respondent, et al., Defendant.

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

Decided June 14, 2011.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant Stop & Shop Supermarket for summary judgment on its cross claims against the defendant Vornado Burnside Plaza, LLC, for the provision of a defense, contractual indemnification, and common-law indemnification is denied, without prejudice to renew as to its cross claim for common-law indemnification.

The defendant Vornado Burnside Plaza, LLC (hereinafter...

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