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517 UNION ST. ASSOC. LLC v. TOWN HOMES OF UNION SQ. LLC

527218.

176 A.D.3d 1350 (2019)

111 N.Y.S.3d 715

2019 NY Slip Op 07461

517 Union St. Associates LLC et al., Plaintiffs, v. Town Homes of Union Square LLC, Defendant and Third-Party Plaintiff-Respondent, et al., Defendants; J. Luke Construction Co., Inc., Third-Party Defendant-Appellant.

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

Decided October 17, 2019.

Attorney(s) appearing for the Case

Goldberg Segalla LLP, Albany ( James F. Faucher II of counsel), for third-party defendant-appellant.

Burke, Scolamiero & Hurd, LLP, Albany ( Steven V. DeBraccio of counsel), for defendant and third-party plaintiff-respondent.

Garry, P.J., Clark, Mulvey and Pritzker, JJ., concur.

As set forth in our prior decision (156 A.D.3d 1187 [2017]), plaintiffs commenced this action to recover for damages purportedly caused by the diversion of water from property owned by defendant Town Homes of Union Square LLC onto their own property. Town Homes impleaded third-party defendant, J. Luke...

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