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MATTHEWS v. GEOTHERMAL ENERGY OPTIONS, LLC

2019-00454. Index No. 50314/17.

209 A.D.3d 635 (2022)

175 N.Y.S.3d 553

2022 NY Slip Op 05522

Idoni E. Matthews, Plaintiff/Third-Party Defendant-Appellant, v. Geothermal Energy Options, LLC, Defendant/Third-Party Plaintiff-Respondent, and Christopher Ryan, Respondent. Florence R. Matthews, Third-Party Defendant-Appellant, et al., Third-Party Defendants.

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

Decided October 5, 2022.

Attorney(s) appearing for the Case

Pascazi Law Offices, PLLC, Fishkill, NY ( Michael S. Pascazi of counsel), for plaintiff third-party defendant-appellant.

McCabe & Mack, LLP, Poughkeepsie, NY ( Cory A. Poolman of counsel), for defendant third-party plaintiff-respondent and defendant-respondent.

Dillon, J.P., Roman, Maltese and Dowling, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the plaintiff/third-party defendant, Idoni E. Matthews, and the third-party defendant Florence R. Matthews appeal from an order of the Supreme Court, Dutchess County (Maria G. Rosa, J.), dated October 10, 2018. The order, insofar as appealed from, denied that branch of the motion of the plaintiff/third-party defendant, Idoni E. Matthews, which was pursuant to CPLR 3126 to strike the pleadings of the defendant...

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