UHL v. D'ONOFRIO GEN. CONTRS., CORP.

2018-14102. Index No. 16726/12.

197 A.D.3d 770 (2021)

153 N.Y.S.3d 168

2021 NY Slip Op 04778

Timothy Uhl et al., Respondents, v. D'Onofrio General Contractors, Corp., Defendant/Third-Party Plaintiff-Appellant-Respondent, and STV Construction, Inc., et al., Respondents, et al., Defendants. Bayer Materialscience, LLC, Third-Party Defendant-Respondent-Appellant.

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

Decided August 25, 2021.


Attorney(s) appearing for the Case

Cullen and Dykman, LLP, New York, NY ( Adrienne Yaron and Olivia M. Gross of counsel), for defendant third-party plaintiff-appellant-respondent.

Reed Smith, LLP, New York, NY ( Oliver Beiersdorf of counsel), for third-party defendant-respondent-appellant.

Robert A. Cardali & Associates, LLP, New York, NY ( Martin Grossman of counsel), for plaintiffs-respondents.

Law Office of Fern Flomenhaft, PLLC, New York, NY, for defendants-respondents.

Rivera, J.P., Hinds-Radix, Christopher and Wooten, JJ., concur.


Ordered that the cross appeal is dismissed, as the third-party defendant is not aggrieved by the portion of the order cross-appealed from (see CPLR 5511; Mixon v TBV, Inc., 76 A.D.3d 144 [2010]; see also D.R. v Kazachok, 155 A.D.3d 657, 657-658 [2017]); and it is further,

Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches...

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