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FERRO FABRICATORS, INC. v. 1807-1811 PARK AVE. DEV. CORP.

13550 155201/12

127 A.D.3d 479 (2015)

11 N.Y.S.3d 548

2015 NY Slip Op 03048

FERRO FABRICATORS, INC., Doing Business as GREG'S IRON WORKS, INC., Plaintiff, v. 1807-1811 PARK AVENUE DEVELOPMENT CORP. et al., Defendants. ESF PROPERTY, INC., et al., Third-Party Plaintiffs-Appellants, v. ARCHITECTURAL STONE, LLC, et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants.

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

Decided April 9, 2015.

Order, Supreme Court, New York County (Ellen M. Coin, J.), entered July 8, 2013, which granted third-party defendants-respondents' motion to dismiss the claims against them, unanimously affirmed, without costs.

We decline third-party defendants' request that we dismiss this appeal due to third-party plaintiffs' alleged failure to comply with this Court's rules for perfecting the appeal (see Rules of App Div, 1st Dept [22 NYCRR] § 600.5 [c], [d]). Because...

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