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BOARD OF EDUCATION OF SOLVAY UNION FREE SCHOOL DISTRICT v. J.D. TAYLOR CONSTRUCTION CORPORATION

CA 11-01485.

93 A.D.3d 1191 (2012)

941 N.Y.S.2d 897

2012 NY Slip Op 1916

BOARD OF EDUCATION OF SOLVAY UNION FREE SCHOOL DISTRICT, Respondent, v. J.D. TAYLOR CONSTRUCTION CORPORATION et al., Respondents, and QPK DESIGN, Appellant. J.D. TAYLOR CONSTRUCTION CORPORATION, Third-Party Plaintiff, v. DAMACO WINDOW CONTRACTORS, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided March 16, 2012.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting those parts of defendant QPK Design's motion for summary judgment dismissing the third and fourth cross claims of defendant Turner Construction Company against it and as modified the order is affirmed without costs.

Memorandum: We conclude that Supreme Court erred in denying those parts of defendant QPK Design's motion for...

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