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COBBLESTONE FOODS, LLC v. BRANDED CONCEPT DEV., INC.

2018-03402, 2018-10109. Index No. 515724/16.

200 A.D.3d 845 (2021)

155 N.Y.S.3d 352

2021 NY Slip Op 06984

Cobblestone Foods, LLC, Plaintiff, v. Branded Concept Development, Inc., Defendant/Third-Party Plaintiff-Appellant, et al., Defendants. Wesbuilt Construction Managers, LLC, Third-Party Defendant-Respondent, et al., Third-Party Defendants.

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

Decided December 15, 2021.

Attorney(s) appearing for the Case

Litchfield Cavo LLP, New York, NY ( Beth A. Saydak of counsel), for defendant third-party plaintiff-appellant.

Peckar & Abramson, P.C., New York, NY ( Justin Van Houten and Mark Snyder of counsel), for third-party defendant-respondent.

Dillon, J.P., Hinds-Radix, Christopher and Zayas, JJ., concur.

Ordered that the appeal from the order dated January 22, 2018, is dismissed, as the portion of the order appealed from was superseded by the order dated June 25, 2018, made upon reargument; and it is further,

Ordered that the order dated June 25, 2018, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the third-party defendant-respondent.

In March 2014, the plaintiff, Cobblestone Foods, LLC, retained...

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