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SCHOOLFIELD v. SERVICES FOR THE UNDERSERVED, INC.

Index No. 27123/15E. Appeal No. 17239. Case No. 2021-03678.

213 A.D.3d 428 (2023)

184 N.Y.S.3d 6

2023 NY Slip Op 00506

Mark E Schoolfield, Respondent, v. Services for the Underserved, Inc., et al., Respondents-Appellants/Third-Party Plaintiffs-Respondents-Appellants, et al., Defendants. FJC Security Services, Inc., Third-Party Defendant-Appellant-Respondent.

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

Decided February 2, 2023.

Attorney(s) appearing for the Case

Rosenbaum & Taylor, P.C., White Plains ( Scott Taylor of counsel), for appellant-respondent.

Rutherford & Christie LLP, New York ( Michael Becker of counsel), for respondents-appellants.

Nesenoff & Miltenberg LLP, New York ( Janine L. Peress of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., González, Scarpulla, Shulman, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered on or about September 28, 2021, which denied the motion of defendants Services for the Underserved, Inc., Macombs Road Housing Development Fund Corporation, Macombs Road Housing, L.P. (collectively, the SUS defendants) for summary judgment dismissing the complaint, and denied third-party defendant FJC Security System's motion for summary judgment dismissing the third-party complaint, unanimously modified, on...

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