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VELASQUEZ v. MOSDOS MEHARAM BRISK OF TASHNAD

2019-12120. Index No. 7590/15.

189 A.D.3d 1655 (2020)

140 N.Y.S.3d 49

2020 NY Slip Op 08101

Carlos Velasquez, Plaintiff, v. Mosdos Meharam Brisk of Tashnad et al., Defendants/Third-Party Plaintiffs-Respondents. Active Fire Protection, Inc.,Third-Party Defendant-Appellant. (And a Fourth-Party Action.)

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

Kaufman Dolowich & Voluck, LLP, Woodbury, NY ( Matthew J. Minero of counsel), for third-party defendant-appellant.

Baxter Smith & Shapiro, P.C., White Plains, NY ( Sim R. Shapiro of counsel), for defendants/third-party plaintiffs-respondents.

Scheinkman, P.J., Dillon, Duffy and Connolly, JJ., concur.

Ordered that the order dated August 20, 2019, is reversed, on the law and the facts, with costs, the motion of the third-party defendant is granted, the order dated May 29, 2019, is vacated, and the defendants/third-party plaintiffs' motion for leave to reargue their prior motion for summary judgment on the third-party cause of action for contractual indemnification is denied.

In October 2015, the plaintiff, an employee...

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