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PODEL v. GLIMMER FIVE, LLC

12542, 306312/09, 83780/10.

117 A.D.3d 579 (2014)

987 N.Y.S.2d 17

2014 NY Slip Op 3635

ALAN PODEL, Respondent-Appellant, v. GLIMMER FIVE, LLC, Appellant-Respondent, et al., Defendants. GLIMMER FIVE, LLC, Third-Party Plaintiff-Appellant-Respondent, v. LILIPANKA 13 LLC, Doing Business as THE MOJO LOUNGE, Third-Party Defendant-Respondent.

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

Decided May 20, 2014.

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered June 10, 2013, which denied defendant landlord's motion for summary judgment seeking dismissal of the complaint and the third-party defendant tenant's cross claim, and contractual indemnification against third-party defendant tenant, and denied plaintiff's cross motion for summary judgment on the issue of constructive notice, unanimously modified, on the law, defendant...

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