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CAPSTONE ENTERS. OF PORT CHESTER, INC. v. BOARD OF EDUC. IRVINGTON UNION FREE SCH. DIST.

2010-08186, 2010-11021.

106 A.D.3d 853 (2013)

965 N.Y.S.2d 564

2013 NY Slip Op 3447

CAPSTONE ENTERPRISES OF PORT CHESTER, INC., Plaintiff/Second Third-Party Defendant/Counterclaim Defendant-Appellant, v. BOARD OF EDUCATION IRVINGTON UNION FREE SCHOOL DISTRICT, Defendant/Third-Party Plaintiff. PETER GISOLFI ASSOCIATES, Third-Party Defendant/Second Third-Party Plaintiff-Respondent, JMOA ENGINEERING, P.C., et al., Third-Party Defendants/Counterclaim Plaintiffs-Respondents. (And Other Titles.)

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

Decided May 15, 2013.

Ordered that the order dated May 6, 2010, is modified, on the law, by deleting the provision thereof granting that branch of the motion of Peter Gisolfi Associates which was for summary judgment on the cause of action in the second third-party complaint against Capstone Enterprises of Port Chester, Inc., for contractual indemnification in connection with the cause of action in the third-party complaint asserted by the defendant third-party plaintiff, Board of Education Irvington...

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