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POPLASKI v. CITY OF NEW YORK

11471, 115636/06

113 A.D.3d 449 (2014)

977 N.Y.S.2d 890

2014 NY Slip Op 186

DAVID POPLASKI, Plaintiff, v. CITY OF NEW YORK et al., Defendants. CONSOLIDATED EDISON CO. OF NEW YORK, INC., Third-Party Plaintiff-Respondent, v. NICO ASPHALT, INC., Third-Party Defendant-Appellant-Respondent, and TRIUMPH CONSTRUCTION CORP., Third-Party Defendant-Respondent-Appellant. (And a Fourth-Party Action.).

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

Decided January 14, 2014.

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered January 23, 2013, which denied third-party defendants' motions for summary judgment dismissing the complaint and all cross claims as against them, unanimously reversed, on the law, without costs, and the motions granted. The Clerk is directed to enter judgment dismissing the third-party complaint.

Prior Case History: 2013 NY Slip Op 30107(U).

The third-party defendants, a re-grading contractor...

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