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FIZZINOGLIA v. TOWN OF AUSTERLITZ

513965.

96 A.D.3d 1142 (2012)

946 N.Y.S.2d 301

2012 NY Slip Op 4451

FRANK J. FIZZINOGLIA et al., Plaintiffs, v. TOWN OF AUSTERLITZ et al., Defendants, and DOROTHY BAKKER, Defendant and Third-Party Plaintiff-Appellant. SERGE BERVEY, Individually and Doing Business as BERVEY EXCAVATION, Third-Party Defendant-Respondent, et al., Third-Party Defendant. (And Another Third-Party Action.)

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

June 7, 2012.

Rose, J.

The underlying facts are more fully set forth in our prior decision in this action, in which we reversed an order granting third-party defendant Asbjorn Lunde summary judgment dismissing the third-party complaints against him (94 A.D.3d 1381 [2012]). Briefly, plaintiffs commenced this action in 2007 seeking damages in connection with defendants' construction and maintenance of...

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