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MASON v. CITY OF NEW YORK

13144, 102068/10, 590356/10, 590741/10.

121 A.D.3d 468 (2014)

993 N.Y.S.2d 498

2014 NY Slip Op 06874

KENNY MASON, Respondent, v. CITY OF NEW YORK et al., Respondents, and ENVIRO & DEMO MASTERS, INC., Appellant. WGHA HARRIET TUBMAN APARTMENTS HOUSING DEVELOPMENT FUND CORP., Third-Party Plaintiff-Respondent, v. ENVIRO & DEMO MASTERS, INC., Third-Party Defendant-Appellant. (And a Second Third-Party Action.)

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

Decided October 9, 2014.

Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered September 9, 2013, which denied defendant/third-party defendant-appellant Enviro & Demo Masters, Inc.'s (Enviro) motion for summary judgment dismissing all claims and cross claims asserted against it, unanimously affirmed, without costs.

Enviro's motion for summary judgment is premature, given that the issues raised require further discovery, which...

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