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CIOFFI v. S.M. FOODS, INC.

2016-03336. Index No. 55391/11.

178 A.D.3d 1006 (2019)

2019 NY Slip Op 09251

Frederick M. Cioffi et al., Respondents-Appellants, v. S.M. Foods, Inc., et al., Defendants/Third-Party Plaintiffs-Respondents, Atlanta Foods International et al., Respondents, and Russell McCall's, Inc., Appellant-Respondent, et al., Defendants. Village of Tuckahoe et al., Third-Party Defendants-Appellants-Respondents.

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

Decided December 24, 2019.

Attorney(s) appearing for the Case

White & Quinlan, LLP, Garden City, NY ( Terence M. Quinlan and Michael White of counsel), for defendant-appellant-respondent.

Maynard O'Connor Smith & Catalinotto, LLP, Albany, NY ( Edwin J. Tobin, Jr. , of counsel), for third-party defendants-appellants-respondents.

Grant & Longworth (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Kenneth J. Gorman ], of counsel), for plaintiffs-respondents-appellants.

Baxter Smith & Shapiro, P.C., White Plains, NY ( Sim R. Shapiro of counsel), for defendants third-party plaintiffs-respondents.

Mastro, J.P., Rivera, Duffy and Brathwaite Nelson, JJ., concur.

Ordered that the order is modified, on the law; (1) by deleting the provision thereof denying those branches of the plaintiffs' motion which were for summary judgment on the issue of liability on the first and second causes of action insofar as asserted against the defendant Daniel Burke, and substituting therefor a provision granting those branches of the motion, (2) by deleting the provision thereof granting that branch of the motion of the defendants Russell McCall's Inc...

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