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MARTINEZ v. KAZ USA, INC.

2017-13093, 2018-05236. Index No. 11203/14.

183 A.D.3d 720 (2020)

121 N.Y.S.3d 886

2020 NY Slip Op 02775

Victor Martinez, Plaintiff/Third-Party Defendant-Appellant, v. Kaz USA, Inc., et al., Defendants/Third-Party Plaintiffs-Respondents. Michelle Martinez, Third-Party Defendant.

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

Decided May 13, 2020.

Ordered that the appeals are dismissed, without costs or disbursements.

In the order dated October 18, 2017, the Supreme Court denied that branch of the appellant's motion which was pursuant to CPLR 3211(a)(7) to dismiss the third-party complaint insofar as asserted against him for failure to state a cause of action, without prejudice to renew upon the completion of discovery. Following the completion of discovery, the appellant moved for summary judgment dismissing...

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