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GALVIN BROTHERS, INC. v. TOWN OF BABYLON, NEW YORK

2010-09180.

91 A.D.3d 715 (2012)

936 N.Y.S.2d 563

2012 NY Slip Op 331

GALVIN BROTHERS, INC., Plaintiff, v. TOWN OF BABYLON, NEW YORK, Appellant, and HANES COMPANIES, INC., Doing Business as HANES GEO COMPONENTS, Respondent.

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

Decided January 17, 2012.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the motion of the defendant Hanes Companies, Inc., doing business as Hanes Geo Components (hereinafter Hanes), which was pursuant to CPLR 3211 (a) (7) to dismiss the cross claim for contribution asserted against it by the defendant Town of Babylon, New York. The plaintiff in its complaint sought to recover damages from the Town based on breach...

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