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SUNBELT RENTALS, INC. v. TEMPEST WINDOWS, INC.

2011-02962.

94 A.D.3d 1088 (2012)

943 N.Y.S.2d 197

2012 NY Slip Op 3166

SUNBELT RENTALS, INC., Plaintiff, v. TEMPEST WINDOWS, INC., et al., Defendants, J CONSTRUCTION COMPANY, LLC, et al., Defendants/Third-Party Plaintiffs-Respondents, and WESTCHESTER FIRE INSURANCE COMPANY, Defendant/Third-Party Defendant-Appellant.

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

Decided April 24, 2012.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion of the defendant third-party defendant pursuant to CPLR 3211 (a) to dismiss the third-party complaint is granted, and that branch of the cross motion of the defendants third-party plaintiffs which was for summary judgment on the first cause of action in the third-party complaint is denied.

Banner Avenue, LLC (hereinafter Banner), the owner of two adjacent parcels of real...

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