TOLPA v. ONE ASTORIA SQUARE, LLC

2013-08618, Index No. 21622/09.

125 A.D.3d 755 (2015)

JAN TOLPA, Plaintiff, v. ONE ASTORIA SQUARE, LLC, et al., Defendants/Third-Party Plaintiffs-Respondents, and FASA CONTRACTING, INC., Defendant/Third-Party Defendant-Appellant.

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

Decided February 11, 2015.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the cross motion of the defendants/third-party plaintiffs which was for summary judgment on the cause of action in the third-party complaint for contractual indemnification is denied, and that branch of the motion of the defendant/third-party defendant which was for summary judgment dismissing that cause of action is granted.

Criterion Development Group, LLC (hereinafter...

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