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TRUJILLO v. COLLADO

2020-05207. Index No. 708340/19.

217 A.D.3d 891 (2023)

191 N.Y.S.3d 714

2023 NY Slip Op 03369

Francisca Trujillo, Plaintiff, v. Edwin Collado, Defendant/Third-Party Plaintiff-Respondent. Anthony Trujillo, Third-Party Defendant-Appellant.

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

Decided June 21, 2023.

Attorney(s) appearing for the Case

Buchanan Ingersoll & Rooney, P.C., New York, NY ( Keith A. Lazere and Stuart P. Slotnick of counsel), for third-party defendant-appellant.

Gerard J. White , P.C., Malverne, NY, for defendant third-party plaintiff-respondent.

Connolly, J.P., Iannacci, Miller and Ford, JJ., concur.

In an action, inter alia, to recover damages for fraud, the third-party defendant appeals from an order of the Supreme Court, Queens County (Rudolph E. Greco, Jr., J.), entered May 15, 2020. The order denied the motion of the third-party defendant pursuant to CPLR 3211(a) to dismiss the third-party complaint.

Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the motion of the third-party defendant pursuant...

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