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GENESEE/WYOMING YMCA v. BOVIS LEND LEASE LMB, INC.

CA 12-00055.

98 A.D.3d 1242 (2012)

951 N.Y.S.2d 768

2012 NY Slip Op 6407

GENESEE/WYOMING YMCA, Plaintiff, v. BOVIS LEND LEASE LMB, INC., Defendant/Third-Party Plaintiff-Respondent. THOMAS ASSOCIATES ARCHITECTS & ENGINEERS, P.C., Third-Party Defendant-Appellant, et al., Third-Party Defendant. (Appeal No. 1.)

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

September 28, 2012.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, that part of the motion of third-party defendant Thomas Associates Architects & Engineers, P.C. to dismiss the fourth cause of action in the third-party complaint is granted and the third-party complaint is dismissed in its entirety against it.

Memorandum: Plaintiff, Genesee/Wyoming YMCA (YMCA), commenced an action seeking damages for breach of contract...

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