GORDON v. MURPHY

838 CA 21-01291.

213 A.D.3d 1222 (2023)

182 N.Y.S.3d 454

2023 NY Slip Op 00554

Amy Gordon et al., Plaintiffs, v. Guy A. Murphy et al., Defendants/Third-Party Plaintiffs-Respondents. Luanne Palme et al., Third-Party Defendants-Appellants.

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

Decided February 3, 2023.


Attorney(s) appearing for the Case

LYDECKER, MELVILLE ( MATTHEW W. BIONDI OF COUNSEL), FOR THIRD-PARTY DEFENDANTS-APPELLANTS.

PULLANO & FARROW PLLC, ROCHESTER ( LANGSTON D. McFADDEN OF COUNSEL), FOR THIRD-PARTY PLAINTIFFS-RESPONDENTS.

Present—Smith, J.P., Lindley, Curran, Bannister and Montour, JJ.


Appeal from an order of the Supreme Court, Ontario County (Brian D. Dennis, A.J.), entered June 25, 2021. The order, among other things, denied the motion of third-party defendants to dismiss the third-party complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs (buyers) commenced an action seeking, inter alia, specific performance of a purchase and sale contract pursuant to which defendants...

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