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RICHARD TULLY, plf-res, v. CITY OF GLEN COVE, DEFENDANT-res-ap, COUNTY OF NASSAU, def-res, PHILIP SCIUBBA DEFENDANTS-APPELLANTSRESPONDENTS (AND THIRD-PARTY ACTIONS). (INDEX NO. 4148/09)

RICHARD TULLY, plf-res, v. CITY OF GLEN COVE, DEFENDANT-res-ap, COUNTY OF NASSAU, def-res, PHILIP SCIUBBA DEFENDANTS-APPELLANTSRESPONDENTS (AND THIRD-PARTY ACTIONS). (INDEX NO. 4148/09)In an action to recover damages for injury to property, the defendants Philip Sciubba and Kathleen Kraemer appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Jaeger, J.), dated February 9, 2012, as denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them, and the defendant City of Glen Cove crossappeals from so much of the same order as denied its separate motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

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RICHARD TULLY, plf-res, v. CITY OF GLEN COVE, DEFENDANT-res-ap, COUNTY OF NASSAU, def-res, PHILIP SCIUBBA DEFENDANTS-APPELLANTSRESPONDENTS (AND THIRD-PARTY ACTIONS). (INDEX NO. 4148/09)In an action to recover damages for injury to property, the defendants Philip Sciubba and Kathleen Kraemer appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Jaeger, J.), dated February 9, 2012, as denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them, and the defendant City of Glen Cove crossappeals from so much of the same order as denied its separate motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

ORDERED that the order is reversed insofar as appealed and cross-appealed from, on the law, with one bill of costs payable by the plaintiff to the appellants appearing separately and filing separate briefs, and the motions are granted.

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