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SCOTT v. AVALONBAY COMMUNITIES, INC.

2013-03164.

125 A.D.3d 839 (2015)

CARSTINE SCOTT, Respondent, v. AVALONBAY COMMUNITIES, INC., Defendant/Third-Party Plaintiff-Respondent-Appellant, and C.M. LAWN SERVICE, INC., Defendant/Third-Party Defendant-Appellant-Respondent.

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

Decided February 18, 2015.

Ordered that the order is reversed, on the law, with one bill of costs, and the motion of the defendant/third-party defendant C.M. Lawn Service, Inc., for summary judgment dismissing the complaint and all cross claims insofar as asserted against it and dismissing the third-party complaint, and the motion of the defendant/third-party plaintiff Avalonbay Communities, Inc., for summary judgment dismissing the complaint insofar as asserted against it are granted.

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