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VASQUEZ v. KENNEDY

2021-07317. Index No. 150857/20.

221 A.D.3d 936 (2023)

201 N.Y.S.3d 110

2023 NY Slip Op 06074

Salvatore Vasquez, Plaintiff, v. James Kennedy, Defendant/Third-Party Plaintiff-Appellant, and Rugby United New York, LLC, Defendant/Third-Party Defendant-Respondent. Bolton Equities Limited, Third-Party Defendant-Respondent.

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

Decided November 22, 2023.

Attorney(s) appearing for the Case

Fox Rothschild LLP, New York, NY ( Christopher M. Tumulty of counsel), for defendant third-party plaintiff-appellant.

Moses & Singer LLP, New York, NY ( John V. Baranello of counsel), for defendant third-party defendant-respondent and third-party defendant-respondent.

Barros, J.P., Iannacci, Christopher and Warhit, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the defendant/third-party plaintiff appeals from an order of the Supreme Court, Richmond County (Lizette Colon, J.), dated September 21, 2021. The order granted the motion of the defendant/third-party defendant and the third-party defendant pursuant to CPLR 3211(a) to dismiss the third-party complaint.

Ordered that the order is affirmed, with costs.

The plaintiff is the owner of certain real...

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