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CROSBY v. AJA TURNPIKE PROPS.

Index No. 158705/17, Appeal No. 1684-1685, Case Nos. 2023-01071, 2023-03616.

2024 NY Slip Op 00861

BRIAN CROSBY, Plaintiff, v. AJA TURNPIKE PROPERTIES, ET AL., Defendants. CINOS EAST MEADOW, LLC, ET AL., Third-Party Plaintiffs, v. JMJ RESIDENTIAL CONSTRUCTION, INC., DOING BUSINESS AS JMJ BUILDERS, Third-Party Defendant-Respondent. JMJ RESIDENTIAL CONSTRUCTION, INC., DOING BUSINESS AS JMJ BUILDERS, SECOND Third-Party Plaintiff-Respondent, v. MARIA PRIMIANI ET AL., SECOND Third-Party Defendants-Appellants, BERKSHIRE HATHAWAY GUARD INSURANCE COMPANIES, ET AL., Second Third-Party Defendants.

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

Decided February 20, 2024.

Attorney(s) appearing for the Case

Morris Duffy Alonso Faley & Pitcoff, New York ( Iryna S. Krauchanka and Kevin G. Faley of counsel), for appellant.

Stempel Catterson LoFrumento Carlson Biondo, LLP, Garden City ( Jeffrey L. Catterson , of counsel), for respondent.

Before: Kern, J.P., Singh, Scarpulla, O'Neill Levy, Michael, JJ.

Order, Supreme Court, New York County (Frank P. Nervo, J.), entered on or about January 3, 2023 which, to the extent appealed from, denied the motion of second third-party defendants Joseph J. DiMonda Agency, LLC and Maria Primiani (collectively, DiMonda) for summary judgment dismissing the second third-party complaint as against them, and granted third-party defendant/second third-party plaintiff JMJ Residential Construction, Inc.'s cross-motion for summary judgment declaring...

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