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CUELLAR v. CITY OF NEW YORK

2014-05702, Index No. 15266/12.

139 A.D.3d 996 (2016)

32 N.Y.S.3d 292

2016 NY Slip Op 04014

GLADYS CUELLAR, Respondent, v. CITY OF NEW YORK et al., Defendants, and VERIZON NEW YORK, INC., Defendant/Third-Party Plaintiff-Appellant. CORZO CONTRACTING CO., INC., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

Decided May 25, 2016.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the motion of the defendant/third-party plaintiff which was for summary judgment on its third-party cause of action for contractual indemnification with respect to attorneys' fees and costs incurred in the defense of this action, and substituting therefor a provision granting that branch of the motion, and (2) by deleting the provision thereof granting that branch...

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