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T. MINA SUPPLY, INC. v. CLEMENTE BROS. CONTR. CORP.

2013-09528, 2014-01217, Index No. 23125/11.

139 A.D.3d 1038 (2016)

30 N.Y.S.3d 839

2016 NY Slip Op 04038

T. MINA SUPPLY, INC., et al., Plaintiffs, v. CLEMENTE BROS. CONTRACTING CORP. et al., Defendants, NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION, Respondent, and INTERNATIONAL FIDELITY INSURANCE COMPANY, Appellant. (And a Third-Party Action.)

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

Decided May 25, 2016.

Ordered that the appeal from the order entered July 26, 2013, is dismissed; and it is further,

Ordered that the order entered August 5, 2013, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the defendant New York City Department of Design and Construction.

The defendant International Fidelity Insurance Company (hereinafter International) did not submit...

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