McINTOSH v. RONIT REALTY, LLC

2018-03585, Index No. 502428/14.

181 A.D.3d 580 (2020)

121 N.Y.S.3d 330

2020 NY Slip Op 01485

Bobb McIntosh, Plaintiff, v. Ronit Realty, LLC, Defendant/Third-Party Plaintiff-Respondent. A.B.C. Tank Repair & Lining, Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendants.

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

Decided March 4, 2020.


Ordered that the order is reversed, on the law, with costs, and the motion of the third-party defendant A.B.C. Tank Repair & Lining, Inc., for summary judgment dismissing the third-party complaint insofar as asserted against it is granted.

In February 2014, the third-party defendant A.B.C. Tank Repair & Lining, Inc. (hereinafter A.B.C. Tank), was hired by the defendant third-party plaintiff, Ronit Realty, LLC (hereinafter Ronit), to remove an oil tank at certain...

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