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BROECKER v. CONKLIN PROP., LLC

2018-11587. Index No. 20807/15.

189 A.D.3d 751 (2020)

138 N.Y.S.3d 177

2020 NY Slip Op 07156

Ariann Broecker, as Administrator of the Estate of Eric R. Broecker, Deceased, Plaintiff, v. Conklin Property, LLC, et al., Defendant/Fourth-Party Plaintiff-Respondent, et al., Defendants. Total Management Corp. et al., Fourth-Party Defendants-Appellants, et al., Fourth-Party Defendant. (And a Third-Party Action.).

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Kaufman Dolowich & Voluck, LLP, Woodbury, NY ( Brett A. Scher and Adam Nicolazzo of counsel), for fourth-party defendants-appellants.

Law Offices of Daniel R. Olivieri, P.C., Jericho, NY, for defendant fourth-party plaintiff-respondent.

Balkin, J.P., Cohen, Maltese and Wooten, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant fourth-party plaintiff, Conklin Property, LLC (hereinafter Conklin), purchased certain real property and entered into a contract with JJC Contracting, Inc. (hereinafter JJC), a fourth-party defendant, for construction and renovation of the property in order to lease it to the defendant Gurwin Home Care Agency, Inc. (hereinafter Gurwin). Conklin retained

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