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  5. 96 A.D.3d 699 (2012)
 

11 ESSEX ST. CORP. v. TOWER INS. CO. OF N.Y.

8073N, 600176/04, 110019/04, 101984/05, 590172/06, 590479/06, 590879/06, 590972/06, 590456/09.

96 A.D.3d 699 (2012)

948 N.Y.S.2d 47

2012 NY Slip Op 5267

11 ESSEX STREET CORP., Plaintiff, v. TOWER INSURANCE COMPANY OF NEW YORK, Defendant. 11 ESSEX STREET CORP., Respondent, v. 7 ESSEX STREET, L.L.C., et al., Defendants, and BERZAK GOLD, P.C., Appellant. (And Other Actions.) TOWER INSURANCE COMPANY OF NEW YORK, Third Third-Party Plaintiff, v. 7 ESSEX STREET, L.L.C., et al., Third Third-Party Defendants, and BERZAK GOLD, P.C., Third Third-Party Defendant-Appellant. 7 ESSEX STREET, L.L.C., Fifth Third-Party Plaintiff, v. FRANKE, GOTTSEGEN, COX ARCHITECTS, Fifth Third-Party Defendant-Respondent.

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

June 28, 2012.

Defendant Berzak Gold, the engineering firm retained to design the underpinning and support for plaintiff's building, has no standing to bring this appeal, as it is not an "aggrieved party" within the meaning of CPLR 5511. Indeed, Berzak Gold is not a party to the fifth third-party action, filed by defendant 7 Essex against FGCA for indemnification and contribution, and it has not asserted any claims against FGCA. Although Berzak...

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