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176 W. 87TH ST. OWNERS CORP. v. GUERCIO

Index No. 151822/19. Appeal No. 153. Case No. 2022-05183.

216 A.D.3d 401 (2023)

189 N.Y.S.3d 84

2023 NY Slip Op 02277

176 West 87th Street Owners Corp., Respondent, v. Matthew Guercio et al., Defendants, and D&B Engineers and Architects, P.C., Appellant.

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

Decided May 2, 2023.

Attorney(s) appearing for the Case

L'Abbate, Balkan, Colavita & Contini, L.L.P., Melville ( Lee Sacket of counsel), for appellant.

Axelrod, Fingerhut & Dennis, New York ( Osman Dennis of counsel), for respondent.

Concur—Kern, J.P., Oing, Kennedy, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (Lori Sattler, J.), entered June 30, 2022, which, to the extent appealed from, denied defendant D&B Engineers and Architects, P.C.'s (D&B) motion for summary judgment dismissing the complaint and all cross-claims as against it, and granted defendant John Franco Contractors Inc.'s (Franco) motion for leave to amend its answer to assert a cross-claim for contribution against D&B, unanimously modified, on the law, to grant that...

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