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JAYBAR REALTY CORP. v. ARMATO

2014-06430, Index No. 57692/13.

141 A.D.3d 508 (2016)

33 N.Y.S.3d 909

JAYBAR REALTY CORP. et al., Plaintiffs, v. JOSEPH ARMATO et al., Defendants, and CAPITAL ONE, N.A., Also Known as CAPITAL ONE BANK (USA), N.A., and Another, Defendant/Third-Party Plaintiff-Appellant. SOVEREIGN BANK, N.A., Also Known as BANCO SANTANDER, S.A., Third-Party Defendant-Respondent.

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

Decided July 6, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted the third-party defendant's motion pursuant to CPLR 3211 (a) (7) to dismiss the third-party complaint. Accepting the allegations in the third-party complaint as true, and affording the defendant/third-party plaintiff the benefit of every favorable inference (see Romanello v Intesa Sanpaolo, S.p.A., 22 N.Y.3d 881, 884...

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