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PUTRELO CONSTRUCTION COMPANY v. TOWN OF MARCY

312 CA 12-01082.

105 A.D.3d 1406 (2013)

964 N.Y.S.2d 812

2013 NY Slip Op 2909

PUTRELO CONSTRUCTION COMPANY, Appellant, v. TOWN OF MARCY, Respondent and Third-Party Plaintiff. BONACCI ARCHITECTS, PLLC, Successor in Interest to FULIGNI-FRAGOLA ARCHITECTS, PLLC, Third-Party Defendant-Respondent.

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

Decided April 26, 2013.

Appeal from an order of the Supreme Court, Oneida County (Norman I. Siegel, A.J.), entered March 21, 2012. The order granted the motion of third-party defendant for partial summary judgment dissmissing the second cause of action of plaintiff's complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for breach...

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