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NYACK HOSPITAL v. OAK HILL CEMETERY

2016-04987, Index No. 32602/14.

175 A.D.3d 1417 (2019)

106 N.Y.S.3d 618

2019 NY Slip Op 06609

Nyack Hospital, Appellant, v. Oak Hill Cemetery, Defendant/Third-Party Plaintiff-Respondent, et al., Defendants. Cal Mart Enterprises, Inc., Third-Party Defendant-Respondent.

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

September 18, 2019.

Attorney(s) appearing for the Case

Finazzo Cossolini O'Leary Meola & Hager, LLC, New York, NY ( Gregory M. McHugh and Robert F. Cossolini of counsel), for appellant.

Burke, Conway & Dillon, White Plains, NY ( Michael G. Conway of counsel), for third-party defendant-respondent.

Balkin, J.P., Roman, Cohen and Brathwaite Nelson, JJ., concur.

Ordered that the appeal from so much of the amended order as denied that branch of the plaintiff's motion which was for leave to reargue its prior motion for leave to serve and file an amended complaint is dismissed; and it is further,

Ordered that the amended order is affirmed insofar as reviewed; and it is further,

Ordered that one bill of costs is awarded to the third-party defendant-respondent.

The plaintiff commenced this action in 2014 to recover...

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