ZIVIELLO v. O'BOYLE

2010-10536

90 A.D.3d 916 (2011)

935 N.Y.S.2d 89

2011 NY Slip Op 9315

LAUREL ZIVIELLO et al., Respondents, v. JOSEPH G. O'BOYLE et al., Defendants/Third-Party Plaintiffs-Respondents. BRETT A. PUNZI CONTRACTING CORP. et al., Third-Party Defendants-Appellants.

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

Decided December 20, 2011.


Ordered that the order is reversed, on the law, with one bill of costs, and the third-party defendants' motion, in effect, pursuant to CPLR 3211 (a) (5) to dismiss the third-party complaint as barred by a release is granted.

The plaintiffs commenced this action against the defendants Joseph G. O'Boyle and John T. O'Boyle (hereinafter together the O'Boyle defendants) and a separate action against Brett A. Punzi Contracting Corp. and Ernesto Gomez (hereinafter together...

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