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PUTNAM COUNTY SAVINGS BANK v. ADITYA

2010-03177

91 A.D.3d 840 (2012)

938 N.Y.S.2d 98

2012 NY Slip Op 501

PUTNAM COUNTY SAVINGS BANK, Respondent, v. KAMAL K. ADITYA et al., Defendants/Third-Party Plaintiffs-Appellants, and ROBERT J. HENTSCHEL, Respondent, et al., Defendants. ADITYA FAMILY DYNASTY TRUST OF 2002, Third-Party Plaintiff-Appellant; CONTEMPORARY ENVIRONMENTAL MANAGEMENT et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants. (Action No. 1.) PUTNAM COUNTY SAVINGS BANK, Respondent, v. KAMAL K. ADITYA et al., Defendants/Third-Party Plaintiffs-Appellants, and ROBERT J. HENTSCHEL, Respondent, et al., Defendant. CONTEMPORARY ENVIRONMENTAL MANAGEMENT et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants. (Action No. 2.) PUTNAM COUNTY SAVINGS BANK, Respondent, v. KAMAL K. ADITYA et al., Defendants/Third-Party Plaintiffs-Appellants, and ROBERT J. HENTSCHEL, Respondent, et al., Defendants. CONTEMPORARY ENVIRONMENTAL MANAGEMENT et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants. (Action No. 3.).

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

Decided January 24, 2012.

Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the motion of Robert J. Hentschel, a defendant in action Nos. 1, 2, and 3, and Contemporary Environmental Management, Inc., and Bedford Professional Associates, LLC, third-party defendants in action Nos. 1, 2, and 3, which were pursuant to CPLR 3211 (a) (5) to dismiss the cross claim alleging breach of contract insofar as asserted against Robert J. Hentschel in all...

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