Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered March 11, 2013, which, to the extent appealed from as limited by the briefs, denied so much of plaintiff's motion for summary judgment as sought payment of fines and fees incurred by third-party defendant Pullini Subsurface Contractors, Inc., and granted defendant's cross motion for partial summary judgment dismissing plaintiff's claim for such fines and fees, unanimously affirmed, without costs...
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