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PINTO v. WALT WHITMAN MALL, LLC

2017-02959. Index No. 63751/13.

175 A.D.3d 541 (2019)

107 N.Y.S.3d 373

2019 NY Slip Op 06157

Marie A. Pinto, Respondent, v. Walt Whitman Mall, LLC, et al., Defendants/Third-Party Plaintiffs-Respondents-Appellants, and E.W. Howell Co., LLC, Appellant. Elite Floors, Inc., Third-Party Defendant-Respondent.

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

Decided August 21, 2019.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendants third-party plaintiffs, Walt Whitman Mall, LLC, Simon Management Associates, LLC, and the defendant E.W. Howell Company, LLC, which was for summary judgment dismissing the complaint insofar as asserted against them, and substituting therefor a provision denying that branch of their motion; as so modified, the order is affirmed insofar as appealed...

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