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BILLERA v. MERRITT CONSTR., INC.

521423

139 A.D.3d 52 (2016)

29 N.Y.S.3d 562

2016 NY Slip Op 02503

MICHAEL BILLERA, Respondent-Appellant, v. MERRITT CONSTRUCTION, INC., Respondent-Appellant, and VILLAGE OF CATSKILL, Appellant-Respondent, et al., Defendant. (Action No. 1.) JOHN ANNESE et al., Respondents-Appellants, v. COUNTY OF GREENE, Defendant, VILLAGE OF CATSKILL, Appellant-Respondent, and MERRITT CONSTRUCTION, INC., Respondent-Appellant. (Action No. 2.)

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

Decided March 31, 2016.

Attorney(s) appearing for the Case

Shantz & Belkin, Latham ( M. Randolph Belkin of counsel), for appellant-respondent.

Ralph C. Lewis Jr. , Catskill, for Michael Billera, respondent-appellant.

Napierski, VanDenburgh, Napierski & O'Connor, LLP, Albany ( Thomas J. O'Connor of counsel), for Merritt Construction, Inc., respondent-appellant.

Basch & Keegan, LLP, Kingston ( Derek J. Spada of counsel), for John Annese and another, respondents-appellants.

PETERS, P.J., ROSE, LYNCH and CLARK, JJ., concur.

OPINION OF THE COURT

Appeal from an order of the Supreme Court (Platkin, J.), entered October 8, 2014 in Greene County, which, among other things, partially denied a motion by defendant Village of Catskill for, among other things, summary judgment dismissing the complaints against it.

Defendant Merritt Construction, Inc...

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