Gasho of Japan, Westchester, Inc. v. Taisei Construction Corp.

Appellate Division of the Supreme Court of New York

Gasho of Japan, Westchester, Inc. v. Taisei Construction Corp.

246 A.D.2d 577, 667 N.Y.S.2d 288, 1998 N.Y. App. Div. LEXIS 441

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 20, 1998

StatusPublished

This text of 246 A.D.2d 577 (Gasho of Japan, Westchester, Inc. v. Taisei Construction Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gasho of Japan, Westchester, Inc. v. Taisei Construction Corp., 246 A.D.2d 577, 667 N.Y.S.2d 288, 1998 N.Y. App. Div. LEXIS 441 (N.Y. Ct. App. 1998).

Pincite

Opinion

In an action, inter alia, to recover damages for breach of contract and negligence, the third-party defendant O’Dea & Associates, P. C. appeals from an order of the Supreme Court, Orange County (Slobod, J.), dated September 5, 1996, which denied its motion for summary judgment dismissing the third-party complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court’s conclusion that the defendant third-party plaintiff’s claims were properly asserted in the third-party action against the appellant (see, CPLR 1007; Menorah Nursing Home v Zukov, 153 AD2d 13, 24-25). Rosenblatt, J. P., Copertino, Krausman and Goldstein, JJ., concur.

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In an action, inter alia, to recover damages for breach of contract and negligence, the third-party defendant O’Dea & Associates, P. C. appeals from an order of the Supreme Court, Orange County (Slobod, J.), dated September 5, 1996, which denied its motion for summary judgment dismissing the third-party complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court’s conclusion that the defendant third-party plaintiff’s claims were properly asserted in the third-party action against the appellant (see, CPLR 1007; Menorah Nursing Home v Zukov, 153 AD2d 13, 24-25). Rosenblatt, J. P., Copertino, Krausman and Goldstein, JJ., concur.

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Bluebook (online)

246 A.D.2d 577, 667 N.Y.S.2d 288, 1998 N.Y. App. Div. LEXIS 441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gasho-of-japan-westchester-inc-v-taisei-construction-corp-nyappdiv-1998.

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