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MOHAN v. ATLANTIC COURT, LLC

2013-09792, Index No. 36253/07.

134 A.D.3d 1075 (2015)

24 N.Y.S.3d 102

2015 NY Slip Op 09658

ELIZABETH MOHAN, Individually and as Limited Administrator of the Estate of EDWARD MOHAN, Deceased, et al., Appellants, v. ATLANTIC COURT, LLC, Respondent, and KIT CONSTRUCTION, LLC, et al., Defendants/Third-Party Plaintiffs-Respondents. EAGLE ONE ROOFING CONSTRUCTIONS, INC., Third-Party Defendant-Appellant.

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

Decided December 30, 2015.

Ordered that the order is modified, on the law, by (1) deleting the provisions thereof granting the motion of the defendant Atlantic Court, LLC, and the separate motion of the defendants/third-party plaintiffs, Kit Construction, LLC, and Kit Construction Co., Inc., for summary judgment dismissing the plaintiffs' wrongful death cause of action, and substituting therefor provisions denying those motions, and (2) deleting the provision thereof granting that branch of the cross...

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