PHILLIPS v. TROMMEL CONSTRUCTION

2011-01691.

101 A.D.3d 1097 (2012)

957 N.Y.S.2d 359

2012 NY Slip Op 9040

STEPHEN PHILLIPS et al., Respondents, v. TROMMEL CONSTRUCTION et al., Defendants, SCHNABEL ROOFING et al., Respondents, and UTICA FIRST INSURANCE COMPANY, Appellant.

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

December 26, 2012.


Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the motion of the defendant Utica First Insurance Company which were, in effect, pursuant to CPLR 3211 (a) (7) to dismiss the complaint and the cross claims of the defendants Schnabel Roofing and Leak Stoppers, Inc., insofar as asserted against it, and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed insofar...

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