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ESTATE OF EVANS v. ARTEC CONSTR. & DEV. CORP.

2017-12039. Index No. 24577/08.

197 A.D.3d 456 (2021)

148 N.Y.S.3d 904

2021 NY Slip Op 04595

Estate of Bennie Beble Evans, Appellant, v. Artec Construction and Development Corp., Defendant/Third-Party/Second Third-Party Plaintiff-Respondent, and Mother Gaston Housing Development Fund Company, Inc., Defendant/Second Third-Party Plaintiff-Respondent. C.J.L. Construction, Inc., Third-Party Defendant/Third Third-Party Plaintiff-Respondent; Certified Testing Laboratories, Inc., Second Third-Party Defendant-Respondent; Falco Construction Corp., Third Third-Party Defendant-Respondent.

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

Decided August 4, 2021.

Attorney(s) appearing for the Case

The Wilson Law Firm, LLC, Brooklyn, NY ( Earl Antonio Wilson of counsel), for appellant.

Miranda Slone Sklarin Verveniotis, LLP, Mineola, NY ( Maurizio Savoiardo of counsel), for defendant third-party/second third-party plaintiff-respondent and defendant second third-party plaintiff-respondent.

Gallagher, Walker, Bianco & Plastaras, LLP, Mineola, NY ( Michael R. Walker of counsel), for third-party defendant/third third-party plaintiff-respondent.

White & McSpedon, P.C., New York, NY ( Zena Goldszer of counsel), for second third-party defendant-respondent.

Ahmuty, Demers & McManus, Albertson, NY ( Nicholas M. Cardascia and Glenn A. Kaminska of counsel), for third third-party defendant-respondent.

Rivera, J.P., Duffy, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

Contrary to the plaintiff's contention, the Supreme Court properly granted those branches of the motion and the cross motions which were for summary judgment dismissing the complaint. The evidence submitted in support of the motion and the cross motions established, as a matter of law, that the plaintiff did not sustain damages (see...

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