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DiNOVO v. BAT CON, INC.

516725.

117 A.D.3d 1130 (2014)

985 N.Y.S.2d 311

2014 NY Slip Op 2989

CHRISTOPHER DiNovo et al., Respondents, v. BAT CON, INC., Defendant and Third-Party Plaintiff-Respondent; PETERSON GEOTECHNICAL CONSTRUCTION, LLC, Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

Decided May 1, 2014.

Garry, J.

Appeal from an order of the Supreme Court (Ferradino, J.), entered November 16, 2012 in Saratoga County, which partially denied third-party defendants' motion for summary judgment dismissing the third-party complaint.

Defendant was retained by the County of Onondaga in 2008 to perform emergency repairs on a municipal sewer line in the Town of DeWitt, Onondaga County. In April 2008, third-party defendant Peterson Geotechnical Construction, LLC (hereinafter...

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