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SMITH v. SOUTH BAY HOME ASSOCIATION, INC.

2011-08989.

102 A.D.3d 668 (2013)

957 N.Y.S.2d 728

2013 NY Slip Op 75

ELAINE SMITH, Respondent, v. SOUTH BAY HOME ASSOCIATION, INC., Defendant/Third-Party Plaintiff-Respondent-Appellant, and TOWN OF BROOKHAVEN, Appellant-Respondent. CARPET EXPRESS, INC., Third-Party Defendant-Appellant-Respondent.

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

Decided January 9, 2013.

Ordered that the order is reversed, on the law, with one bill of costs payable by the plaintiff to the defendant Town of Brookhaven and the defendant/third-party plaintiff, South Bay Home Association, Inc., and one bill of costs payable by the defendant/third-party plaintiff, South Bay Home Association, Inc., to the third-party defendant, Carpet Express, Inc., that branch of the cross motion of the defendant Town of Brookhaven...

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