MIANO v. BATTERY PLACE GREEN LLC

12444, 102712/10.

117 A.D.3d 489 (2014)

985 N.Y.S.2d 515

2014 NY Slip Op 3354

MICHAEL MIANO, Respondent, v. BATTERY PLACE GREEN LLC et al., Defendants/Third-Party Plaintiffs-Respondents. FIVE STAR ELECTRIC CORP., Third-Party Defendant-Appellant.

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

Decided May 8, 2014.


Order, Supreme Court, New York County (Joan M. Kenney, J.), entered April 10, 2013, which, to the extent appealed from as limited by the briefs, denied the motion of third-party defendant Five Star Electric Corp. (Five Star) for summary judgment dismissing the third-party complaint, unanimously affirmed, without costs.

Prior Case History: 2013 NY Slip Op 30735(U).

Triable issues of fact exist as to whether Five Star, the electrical subcontractor responsible...

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