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ST. JOHN'S UNIVERSITY, NEW YORK v. BUTLER ROGERS BASKETT ARCHITECTS, P.C.

2010-06792.

92 A.D.3d 761 (2012)

938 N.Y.S.2d 578

2012 NY Slip Op 1238

ST. JOHN's UNIVERSITY, NEW YORK, Appellant, v. BUTLER ROGERS BASKETT ARCHITECTS, P.C., et al., Defendants, and SKANSKA USA BUILDING, INC., Defendant/Third-Party Plaintiff-Respondent. PHASE I GROUP, INC., Third-Party Defendant-Respondent. (And Another Third-Party Action.)

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

Decided February 14, 2012.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting those branches of the motion of the defendant Skanska USA Building, Inc., and the separate motion of the third-party defendant, Phase I Group, Inc., which were for summary judgment dismissing so much of the complaint as sought to recover for damages to the Taffner Field House to the extent that the plaintiff's casualty insurer reimbursed the plaintiff for that damage, and substituting...

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