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Chavez v. City of New York

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT


May 26, 2009

ROSARIO CHAVEZ, ETC., PLAINTIFF-RESPONDENT,
v.
CITY OF NEW YORK, DEFENDANT THIRD-PARTY PLAINTIFF-RESPONDENT; MADELINE CHOCOLATES NOVELTIES, INC., THIRD-PARTY DEFENDANT-APPELLANT. (ACTION NO. 1)
ROSARIO CHAVEZ, ETC., PLAINTIFF-RESPONDENT,
v.
NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY, APPELLANT, ET AL., DEFENDANT (AND A THIRD-PARTY ACTION). (ACTION NO. 2)

Separate appeals by Madeline Chocolates Novelties, Inc., the third-party defendant in Action No. 1, and New York City Industrial Development Agency, a defendant in Action No. 2, from an order of the Supreme Court, Queens County (Kerrigan, J.), dated February 6, 2008.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

STEVEN W. FISHER, J.P., JOSEPH COVELLO, DANIEL D. ANGIOLILLO & JOHN M. LEVENTHAL, JJ.

(Index Nos. 3099/95, 10794/95)

DECISION & ORDER

ORDERED that the order is affirmed, with one bill of costs, for reasons stated by Justice Kerrigan at the Supreme Court.

FISHER, J.P., COVELLO, ANGIOLILLO and LEVENTHAL, JJ., concur.

20090526

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