ALMONTE v. CAULDWELL-WINGATE

Docket No. 110365/2010, 590697/2010, Motion Seq. No. 003.

39 Misc.3d 874 (2012)

962 N.Y.S.2d 851

2012 NY Slip Op 22403

WILSON ALMONTE et al., Plaintiffs, v. CAULDWELL-WINGATE COMPANY, LLC, Defendant and Third-Party Plaintiff. ASM MECHANICAL SYSTEMS et al., Third-Party Defendants.

Supreme Court, New York County.

October 5, 2012.


Attorney(s) appearing for the Case

Conway, Farrell, Curtin & Kelly, PC., New York City ( Peter M. Canty of counsel), for Bradshaw Mechanical Co., Inc., thirdparty defendant. Safranek, Cohen & Krolian, White Plains ( Debbie-Ann Morley of counsel), for ASM Mechanical Systems and another, third-party defendants. Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York City ( Jessica L. Rothman of counsel), for defendant and, third-party plaintiff.


OPINION OF THE COURT

LUCY BILLINGS, J.

I. Background

Third-party defendant Bradshaw Mechanical Co., Inc., has moved to dismiss the amended third-party complaint and all cross claims against Bradshaw Mechanical Co., based on the failure to state a claim for relief under third-party defendant ASM Mechanical Systems' subcontract with Bradshaw Mechanical Co. (CPLR 3211 [a] [1], [7].) In a stipulation dated March 29, 2012, Bradshaw Mechanical...

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