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THOME v. BENCHMARK MAIN TR. ASSOC., LLC

38 CA 14-01220.

125 A.D.3d 1283 (2015)

JASON THOME, Plaintiff, v. BENCHMARK MAIN TRANSIT ASSOCIATES, LLC, et al., Defendants. CHRISTA CONSTRUCTION, LLC, Third-Party Plaintiff-Respondent, INDUSTRIAL POWER & LIGHTING CORP., Third-Party Defendant-Respondent, and FISHER CONCRETE, INC., Third-Party Defendant-Appellant.

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

Decided February 6, 2015.

It is hereby ordered that said appeal from the order insofar as it denied the motion to preclude expert testimony is unanimously dismissed, and the order is modified on the law by granting that part of the motion seeking leave to serve a second amended third-party answer to assert the affirmative defense that the settlement among plaintiff, defendant-third-party plaintiff, and third-party defendant Industrial Power & Lighting...

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