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GARCIA v. SHAH

2019-09543, 2020-09741, Index No. 609390/18.

206 A.D.3d 626 (2022)

170 N.Y.S.3d 117

2022 NY Slip Op 03501

Imelda Garcia, Plaintiff, v. Darshan Shah et al., Defendants/Third-Party Plaintiffs-Respondents. Occidental Fire & Casualty Company of North Carolina, Third-Party Defendant-Appellant.

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

Decided June 1, 2022.

Attorney(s) appearing for the Case

Cozen O'Connor, New York, NY ( Melissa F. Brill , Amanda L. Nelson , and Laura Dowgin of counsel), for third-party defendant-appellant.

Cordova & Schwartzman, LLP, Garden City, NY ( Jonathan B. Schwartzman of counsel), for defendants third-party plaintiffs-respondents.

Connolly, J.P., Rivera, Miller and Wooten, JJ., concur.

Ordered that the appeal from the money judgment is dismissed; and it is further,

Ordered that the order and judgment is modified, on the law, (1) by deleting the provision thereof granting that branch of the cross motion of the defendants/third-party plaintiffs which was for an award of attorneys' fees, and substituting therefor a provision denying that branch of the cross motion, and (2) by deleting the provision thereof awarding the defendants/third-party plaintiffs...

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