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ZUKOWSKI v. POWELL COVE ESTATES HOME OWNERS ASSOCIATION, INC.

2018-05802. Index No. 700468/12.

187 A.D.3d 1099 (2020)

134 N.Y.S.3d 450

2020 NY Slip Op 05974

Vincent Zukowski et al., Respondents, v. Powell Cove Estates Home Owners Association, Inc., et al., Defendants, and AVR-Powell C. Development Corp. et al., Defendants/Third-Party Plaintiffs-Appellants-Respondents. Jaman Development, LLC, Third-Party Defendant-Respondent, and A-One Landscape Management, Inc., Third-Party Defendant-Respondent-Appellant.

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

Decided October 21, 2020.

Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the motion of the third-party defendant A-One Landscape Management, Inc., which were for summary judgment dismissing the third-party causes of action for contractual indemnification and to recover damages for failure to procure insurance insofar as against it, and the cross claim for contribution of Jaman Development, LLC, asserted against it, and substituting therefor...

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