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POALACIN v. MALL PROPS., INC.

2014-10851, 2015-02661, 2015-07306, Index No. 700446/12.

155 A.D.3d 900 (2017)

64 N.Y.S.3d 310

2017 NY Slip Op 08027

NELSON POALACIN, Appellant, v. MALL PROPERTIES, INC., et al., Defendants/Second/Third Third-Party Plaintiffs-Respondents, and WEATHER CHAMPIONS, LTD., Defendant/Third-Party Plaintiff-Respondent. APCO INSULATION CO., INC., et al., Third-Party/Third Third-Party Defendant-Respondent, et al., Second Third-Party Defendant. (Appeal No. 1.). NELSON POALACIN, Appellant-Respondent, v. MALL PROPERTIES, INC., et al., Defendants/Second/Third Third-Party Plaintiffs-Respondents-Appellants, and WEATHER CHAMPIONS, LTD., Defendant/Third-Party Plaintiff-Respondent-Appellant. APCO INSULATION CO., INC., Third-Party/Third Third-Party Defendant-Respondent-Appellant; HARLEYSVILLE INSURANCE, Second Third-Party Defendant-Respondent-Appellant. (Appeal No. 2.) NELSON POALACIN, Appellant, v. MALL PROPERTIES, INC., et al., Defendants, and WEATHER CHAMPIONS, LTD., Respondent. (And Third-Party Actions.) (Appeal No. 3.).

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

Decided November 15, 2017.

Ordered that the cross appeal by APCO Insulation Co., Inc., from the order dated January 23, 2015, is dismissed, as it is not aggrieved by the portion of that order cross-appealed from (see CPLR 5511; Mixon v TBV, Inc., 76 A.D.3d 144 [2010]); and it is further,

Ordered that the order dated October 1, 2014, is reversed, on the law, and the plaintiff's motion for summary judgment on the issue of liability on the cause...

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