WHIPPOORWILL HILLS HOMEOWNERS ASSOCIATION, INC. v. TOLL AT WHIPPOORWILL, L.P.

2010-10551, 2011-01970

91 A.D.3d 864 (2012)

937 N.Y.S.2d 595

2012 NY Slip Op 511

WHIPPOORWILL HILLS HOMEOWNERS ASSOCIATION, INC., Respondent, v. TOLL AT WHIPPOORWILL, L.P., et al., Defendants/Third-Party Plaintiffs-Appellants, et al., Defendant. MM CONSTRUCTION, Third-Party Defendant-Respondent; A.P. ROOFING & SIDING, INC., Third-Party Defendant/Second Third-Party Plaintiff/Third Third-Party Plaintiff-Respondent, et al., Second Third-Party Defendants; P&R UNIVERSAL PAINTING et al., Third Third-Party Defendants-Respondents. (And a Fourth Third-Party Action.)

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

Decided January 24, 2012.


Ordered that the appeal from the order entered September 15, 2010, is dismissed, as the portion of that order appealed from was superseded by the order dated January 13, 2011, made upon reargument; and it is further,

Ordered that the order dated January 13, 2011, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the respondents appearing separately and filing separate...

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