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MALECAJ v. WEST 70th OWNERS CORP.

Index No. 307346/12, Appeal No. 2161, Case No. 2023-03206.

2024 NY Slip Op 02280

BESNIK MALECAJ, Appellant-Respondent, v. WEST 70th OWNERS CORP., Respondent, NEW ORDER CONSTRUCTION MANAGEMENT, INC., Respondent-Appellant. WEST 70th OWNERS CORP., Third-Party Plaintiff-Respondent, v. NEW ORDER CONSTRUCTION MANAGEMENT, INC., Third-Party Defendant-Respondent-Appellant, BRONX EXCAVATION COMPANY, INC., Third-Party Defendant-Respondent, ALAN SLATTERY, ET AL., Third-Party Defendants.

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

Decided April 30, 2024.

Attorney(s) appearing for the Case

Morgan Levine Dolan, P.C., New York ( Glenn P. Dolan of counsel), for appellant-respondent.

Scott A. Korenbaum , New York for respondent-appellant.

Mauro Lilling Naparty, LLP, Woodbury ( Glenn A. Kaminska of counsel), for Bronx Excavation Company, Inc., respondent.

Before: Singh, J.P., Gesmer, Kennedy, Scarpulla, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Adrian Armstrong, J.), entered on or about January 11, 2023, which, to the extent appealed from as limited by the briefs, denied defendant/third-party defendant New Order Construction Management, Inc.'s motion pursuant to CPLR 4404(a) to set aside the verdict, and denied with leave to renew West 70th Owners Corp.'s motion for judgment as a matter of law on the third-party contractual indemnification claim against New Order, and denied plaintiff...

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