GRAZIANO v. SOURCE BUILDERS & CONSULTANTS, LLC

2016-05369, Index No. 4264/12.

175 A.D.3d 1253 (2019)

109 N.Y.S.3d 115

2019 NY Slip Op 06477

Guy Graziano, Appellant-Respondent, v. Source Builders & Consultants, LLC, Defendant/Third-Party Plaintiff-Respondent-Appellant, Victims Information Bureau of Suffolk, Inc., Defendant/Respondent-Appellant, and Roland's Electric, Inc., Respondent. Ventre Fire Protection, Inc., et al., Third-Party Defendants-Respondents-Appellants. (And Another Third-Party Action.)

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

Decided September 11, 2019.


Attorney(s) appearing for the Case

Silbowitz, Garafola, Silbowitz, Schatz & Frederick, LLP, New York, NY ( Mitchell E. Silbowitz of counsel), for appellant-respondent.

Milber Makris Plousadis & Seiden, LLP, Woodbury, NY ( David A. LoRe of counsel), for defendant third-party plaintiff-respondent-appellant.

Havkins Rosenfeld Ritzert & Varriale, LLP, Mineola, NY ( Gail L. Ritzert and Robert E. Coleman of counsel), for defendant-respondent-appellant and third-party defendants-respondents-appellants.

Bello & Larkin, Hauppauge, NY ( Wayne P. Esposito of counsel), for respondent.

Leventhal, J.P., Hinds-Radix, Duffy and Brathwaite Nelson, JJ., concur.


Ordered that the cross-appeal of the third-party defendants from so much of the order as denied that branch of the motion of the defendant Source Builders & Consultants, LLC, which was for summary judgment on its third-party claim alleging breach of contract is dismissed, without costs or disbursements, as the third-party defendants are not aggrieved by that portion of the order (see CPLR 5511); and it is further,<...

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