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UNITED AIRCONDITIONING CORP. v. AXIS PIPING, INC.

2017-06489. Index No. 603326/13.

194 A.D.3d 981 (2021)

2021 NY Slip Op 03210

United Airconditioning Corp., Plaintiff/Third-Party Defendant-Respondent-Appellant, v. Axis Piping, Inc., Defendant/Third-Party Plaintiff-Appellant-Respondent.

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

Decided May 19, 2021.

Attorney(s) appearing for the Case

Polsinelli, P.C., New York, NY ( Jason S. Samuels and Aaron E. Zerykier of counsel), for defendant third-party plaintiff-appellant-respondent.

Gordon Rees Scully Mansukhani, LLP, New York, NY ( Peter E. Strniste, Jr. , and Todd Regan of counsel), for plaintiff third-party defendant-respondent-appellant.

Mastro, A.P.J., Miller, Duffy and Brathwaite Nelson, JJ., concur.

Ordered that on the Court's own motion, the defendant third-party plaintiff's notice of appeal from so much of the order entered June 14, 2017, as, sua sponte, vacated the prior order dated December 14, 2016, is deemed to be an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

Ordered that the order entered June 14, 2017, is modified, on the law and in the exercise of discretion...

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