SABATINO v. 425 OSER AVENUE, LLC

2009-04752.

87 A.D.3d 1127 (2011)

930 N.Y.S.2d 598

2011 NY Slip Op 6833

HELEN SABATINO, Appellant, v. 425 OSER AVENUE, LLC, Defendant/Third-Party Plaintiff-Respondent. AAA MAINTENANCE, LLC, Third-Party Defendant-Respondent.

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

Decided September 27, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, the defendant's motion for summary judgment dismissing the complaint is denied, and the cross motion of the plaintiff and the plaintiff's decedent for leave to serve a supplemental summons and amended complaint adding the third-party defendant, AAA Maintenance, LLC, as a defendant in the main action is granted.

On January 16, 2006, the plaintiff's now-deceased husband...

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