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ROCCO RESCELO & SON PLUMBING & HEATING, LLC v. PLANK, LLC

535045.

212 A.D.3d 940 (2023)

182 N.Y.S.3d 767

2023 NY Slip Op 00022

Rocco Rescelo & Son Plumbing & Heating, LLC, Plaintiff, v. Plank, LLC, Defendant and Third-Party Plaintiff-Appellant; Dutch Village, LLC, et al., Third-Party Defendants-Respondents.

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

Decided January 5, 2023.

Attorney(s) appearing for the Case

Whiteman Osterman & Hanna LLP, Albany ( Christopher M. McDonald , of counsel) for defendant and third-party plaintiff-appellant.

Hinman, Howard & Kattell, LLP, Albany ( Paul C. Marthy , of counsel) for third-party defendants-respondents.

Garry, P.J., Clark, Pritzker and McShan, JJ., concur.

Appeal from an order of the Supreme Court (Thomas D. Buchanan, J.), entered February 17, 2022, in Schenectady County, which denied defendant's motion for, among other things, partial summary judgment on its third-party complaint.

In 2015, defendant entered into a contract with third-party defendants wherein defendant would serve...

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