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GAMEZ v. SANDY CLARKSON LLC

Index No. 28003/17, 43208/18, 43201/20 Appeal No. 1211 Case No. 2022-03874.

222 A.D.3d 482 (2023)

202 N.Y.S.3d 63

2023 NY Slip Op 06440

Heber Gamez, Plaintiff, v. Sandy Clarkson LLC et al., Appellants, and Kingstone Builders Inc., Formally Known as Kingspan Incorporated, Respondent, et al., Defendants. Sandy Clarkson LLC et al., Third-Party Plaintiffs-Appellants, v. Cecere & Sons Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendant. (And a Second Third-Party Action.)

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

Decided December 14, 2023.

Attorney(s) appearing for the Case

Kaufman Dolowich & Voluck LLP, New York ( Yousra A. DePalma of counsel), for appellants.

O'Connor Reed Orlando LLP, Port Chester ( Peter L. Urreta of counsel), for Kingstone Builders Inc., respondent.

Haworth Barber & Gerstman, LLC, New York ( David W. Kong of counsel), for Cecere & Sons Inc., respondent.

Concur—Kapnick, J.P., Friedman, González, O'Neill Levy, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about August 16, 2022, which denied defendants' motion for summary judgment against third-party defendant Cecere & Sons Inc. (Cecere) and second third-party defendant Kingstone Builders Inc. f/k/a Kingspan Incorporated (Kingstone) and granted Cecere and Kingstone's motions for summary judgment dismissing defendants' third-party and second third-party complaints, unanimously modified, on the law, to...

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