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JARA v. COSTCO WHOLESALE CORP.

2017-05130. Index No. 3654/15.

178 A.D.3d 687 (2019)

115 N.Y.S.3d 49

2019 NY Slip Op 08664

Rodrigo Jara, Respondent, v. Costco Wholesale Corp., Appellant, and Westbury Liquors, Inc., Respondent, et al., Defendants.

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

Decided December 4, 2019.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York, NY ( Gregory J. Dell and Rachel A. Rubin of counsel), for appellant.

Rodney S. Lapidus , P.C., Dix Hills, NY, for plaintiff-respondent.

Martyn Toher Martyn & Rossi, Mineola, NY ( Thomas M. Martyn of counsel), for defendant-respondent.

Rivera, J.P., Austin, Leventhal and Iannacci, JJ., concur.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the cross motion of the defendant Westbury Liquors, Inc., which was for summary judgment dismissing the cross claim of the defendant Costco Wholesale Corp. for contractual indemnification insofar as asserted against the defendant Westbury Liquors, Inc., and substituting therefor a provision denying that branch of the cross motion, and (2) by deleting the provision...

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