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MOISES-ORTIZ v. FDB ACQUISITION LLC

Index No. 152869/17. Appeal No. 1094-1095. Case Nos. 2022-03450, 2022-05624.

221 A.D.3d 540 (2023)

201 N.Y.S.3d 359

2023 NY Slip Op 06092

Jose Moises-Ortiz et al., Plaintiffs, v. FDB Acquisition LLC et al., Appellants/Second Third-Party Plaintiffs-Appellants/Fourth Third-Party Plaintiffs-Appellants, et al., Defendant. (And a Third-Party Action.) RA Consultants, LLC, Second Third-Party Defendant-Respondent/Third Third-Party Defendant-Respondent/Fourth Third-Party Defendant-Respondent. RNC Industries, LLC, Third Third-Party Plaintiff-Appellant.

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

Decided November 28, 2023.

Attorney(s) appearing for the Case

MG+M The Law Firm, New York ( Christin H. Gannon of counsel), for FDB Acquisition, LLC and PAV-LAK Contracting, Inc., appellants.

Gerber Ciano Kelly Brady LLP, Garden City ( Brendan T. Fitzpatrick of counsel), for RNC Industries, LLC, appellant.

Donovan Hatem LLP, New York ( Stephen F. Willig of counsel), for respondent.

Concur—Oing, J.P., Gesmer, Mendez, Shulman, Rodriguez, JJ.

Order, Supreme Court, New York County (Gerald Lebovits, J.), entered on or about July 28, 2022, which granted third third-party defendant RA Consultants, LLC's (architect) motion to dismiss the third third-party complaint seeking common-law indemnification and contribution as precluded by a prior ruling on the same issue, unanimously reversed, on the law, without costs, the motion denied, and the matter remanded for further proceedings...

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