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110 CENT. PARK SOURTH CORP. v. 112 CENT. PARK SOUTH, LLC

652098/10.

41 Misc.3d 380 (2013)

970 N.Y.S.2d 681

2013 NY Slip Op 23256

110 CENTRAL PARK SOUTH CORPORATION, Plaintiff, v. 112 CENTRAL PARK SOUTH, LLC, et al., Defendants. 112 CENTRAL PARK SOUTH, LLC, Third-Party Plaintiff, v. COSTA KONDYLIS & PARTNERS, LLC, et al., Third-Party Defendants. INDUSTRIAL WINDOW CORP., Fourth-Party Plaintiff, v. DEMAYO CONSTRUCTION, INC., Fourth-Party Defendant. INDUSTRIAL WINDOW CORP., Fourth-Party Plaintiff, v. KAWNEER COMPANY, INC., as Successor to TRACO NY, INC., Second Fourth-Party Defendant. INDUSTRIAL WINDOW CORP., Fourth-Party Plaintiff, v. TRI CITY ALUMINUM COMPANY, INC., as Successor to TRACO N.Y., INC., Third Fourth-Party Defendant.

Supreme Court, New York County.

Decided July 25, 2013.

Attorney(s) appearing for the Case

Claussen Miller, P.C., New York City ( Carl M. Perri of counsel), for Roslyn Engineering Associates, P.C., third-party defendant.

The Scher Law Firm, LLP, Carle Place ( Austin Graff of counsel), for DKS Contractors, Inc., third-party defendant.

Welby, Brady & Greenblatt, LLP, White Plains ( Gregory J. Spaun of counsel), for Industrial Window Corp., third-party defendant and fourth-party plaintiff.

Marshall Dennehey Warner Coleman & Goggin, Roseland, New Jersey ( Pauline F. Tutelo of counsel), for 112 Central Park South, LLC, defendant and third-party plaintiff.

Moses & Singer, LLP, New York City ( Jay R. Fialkoff of counsel), for plaintiff.

Hannum, Feretic, Prendergast & Merlino, LLC, New York City ( Jessica G. Price of counsel), for J.T. Magen & Company, Inc., defendant.

OPINION OF THE COURT

BARBARA JAFFE, J.

By notice of motion dated May 2, 2012, third-party defendant Industrial Window Corp. (IWC) moves pursuant to CPLR 3211 (a) (1) and (7) for an order dismissing plaintiff's first and second causes of action and so much of 112 Central Park South, LLC's (112 CPS) complaint and cross claims by which it seeks to hold it vicariously liable for the claims asserted by plaintiff in its first and second causes of action, the third...

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