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DORSET v. 285 MADISON OWNER LLC

Index No. 157440/14 Appeal No. 17426 Case No. 2022-02067.

214 A.D.3d 402 (2023)

185 N.Y.S.3d 61

2023 NY Slip Op 01134

Michael Dorset, Plaintiff, v. 285 Madison Owner LLC et al., Defendants. (And a Third-Party Action.) Structure Tone, Inc., et al., Second Third-Party Plaintiffs-Appellants, v. Penguin Air Conditioning Corp. et al., Second Third-Party Defendants, and Penava Mechanical Corp., Second Third-Party Defendant-Respondent.

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

Decided March 2, 2023.

Attorney(s) appearing for the Case

London Fischer, LLP, New York ( Jason M. Myers of counsel), for appellants.

Fabiani Cohen & Hall, LLP, New York ( John V. Fabiani of counsel), for respondent.

Concur—Renwick, J.P., Friedman, Gesmer, Singh, Higgitt, JJ.

Order, Supreme Court, New York County (Lewis J. Lubell, J.), entered on or about September 30, 2021, which, to the extent appealed from, denied so much of the motion of defendants/second third-party plaintiffs 285 Madison Owner LLC (Madison), RFR Realty, LLC (RFR Realty), RFR Holding (NY) (RFR Holding), and Structure Tone, Inc. (ST) (collectively defendants) for summary judgment on their second third-party claims for contractual...

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