MALAYEVA v. CITY OF NEW YORK

2017-04878.

180 A.D.3d 888 (2020)

116 N.Y.S.3d 588

2020 NY Slip Op 01154

Emilya Malayeva, Appellant, v. City of New York et al., Defendants, Consolidated Edison Company of New York, Inc., Defendant/Third-Party Plaintiff-Respondent-Respondent, Tri-Messine Construction Company, Inc., Defendant/Third-Party Defendant-Respondent, and MECC Contacting, Inc., Defendant/Third-Party Defendant-Respondent-Appellant.

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

Decided February 19, 2020.


Ordered that the notice of appeal of the defendant MECC Contracting, Inc., is deemed an application for leave to appeal from so much of the order as granted the application of Consolidated Edison Company of New York, Inc., in effect, for summary judgment on its third-party cause of action for indemnification to recover the attorney's fees and costs it incurred in the defense of this action insofar as asserted against MECC Contracting, Inc., and leave to appeal is granted...

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