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SANTIBANEZ v. NORTH SHORE LAND ALLIANCE, INC.

2018-11131. Index No. 5634/14.

197 A.D.3d 1123 (2021)

153 N.Y.S.3d 497

2021 NY Slip Op 04921

Francisco Santibanez et al., Appellants, v. North Shore Land Alliance, Inc., Defendant/Third-Party Plaintiff, and Michael Taglich et al., Respondents, et al., Defendant. Lee Construction & Renovation, Inc., Third-Party Defendant/Second Third-Party Defendant/Third Third-Party Plaintiff.

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

Decided September 1, 2021.

Attorney(s) appearing for the Case

Seiden & Kaufman, Carle Place, NY ( Steven J. Seiden of counsel), for appellants.

Cuomo LLC, Mineola, NY ( Matthew A. Cuomo of counsel), for respondents Michael Taglich and Claudia Taglich.

Churbuck Calabria Jones & Materazo, P.C., Hicksville, NY ( Nicholas P. Calabria of counsel), for respondent Home Crafts, Inc.

Perez & Cariello, Uniondale, NY ( Denise A. Cariello of counsel), for defendant/third-party plaintiff.

O'Connor Redd Orlando, LLP (Shaub, Ahmuty, Citrin & Spratt LLP, Lake Success, NY [ Timothy R. Capowski , John F. Watkins , and Steven R. Widom] , of counsel), for third-party defendant/second third-party defendant/third third-party plaintiff.

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

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the cross motion of the defendant Home Crafts, Inc., which was for summary judgment dismissing the amended complaint insofar as asserted against it, and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs to the plaintiffs payable by the defendant Home Crafts...

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