KAMCO SUPPLY CORP., PLAINTIFF THIRD-PARTY DEFENDANT-res, v. ON THE RIGHT TRACK, LLC, DEFENDANT THIRD-PARTY PLAINTIFF-ap; SOUTHEASTERN METAL, INC., ADDITIONAL THIRD-PARTY PLAINTIFF-ap; KAMCO SUPPLY CORP. OF BOSTON THIRD-PARTY DEFENDANTS-RESPONDENTS THIRD-PARTY def

KAMCO SUPPLY CORP., PLAINTIFF THIRD-PARTY DEFENDANT-res, v. ON THE RIGHT TRACK, LLC, DEFENDANT THIRD-PARTY PLAINTIFF-ap; SOUTHEASTERN METAL, INC., ADDITIONAL THIRD-PARTY PLAINTIFF-ap; KAMCO SUPPLY CORP. OF BOSTON THIRD-PARTY DEFENDANTS-RESPONDENTS THIRD-PARTY def — (INDEX NO. 34030/06)APPEAL by the defendant third-party plaintiff, On the Right Track, LLC, and SEPARATE APPEAL by the additional third-party plaintiff, Southeastern Metal, Inc., in an action to recover damages for breach of contract, from an order of the Supreme Court (Ann T. Pfau, J.), dated April 4, 2013, and entered in Kings County, which denied their motion pursuant to CPLR 4404(b), in effect, to set aside so much of a judgment of the same court entered February 5, 2013, as, upon a decision of the same court dated January 16, 2013, made after a nonjury trial, was in favor of the plaintiff third-party defendant, Kamco Supply Corp., and the third-party defendants Kamco Supply Corp. of Boston, Kamco Supply Corp. of New England, and Kamco Building Supply Corp., dismissing all counterclaims and the third-party complaint insofar as asserted against those parties.

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KAMCO SUPPLY CORP., PLAINTIFF THIRD-PARTY DEFENDANT-res, v. ON THE RIGHT TRACK, LLC, DEFENDANT THIRD-PARTY PLAINTIFF-ap; SOUTHEASTERN METAL, INC., ADDITIONAL THIRD-PARTY PLAINTIFF-ap; KAMCO SUPPLY CORP. OF BOSTON THIRD-PARTY DEFENDANTS-RESPONDENTS THIRD-PARTY def — (INDEX NO. 34030/06)APPEAL by the defendant third-party plaintiff, On the Right Track, LLC, and SEPARATE APPEAL by the additional third-party plaintiff, Southeastern Metal, Inc., in an action to recover damages for breach of contract, from an order of the Supreme Court (Ann T. Pfau, J.), dated April 4, 2013, and entered in Kings County, which denied their motion pursuant to CPLR 4404(b), in effect, to set aside so much of a judgment of the same court entered February 5, 2013, as, upon a decision of the same court dated January 16, 2013, made after a nonjury trial, was in favor of the plaintiff third-party defendant, Kamco Supply Corp., and the third-party defendants Kamco Supply Corp. of Boston, Kamco Supply Corp. of New England, and Kamco Building Supply Corp., dismissing all counterclaims and the third-party complaint insofar as asserted against those parties.

Kaye Scholer, LLP, New York, NY (James M. Catterson of counsel), and Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY (Brian J. Isaac of counsel), for defendant third-party plaintiff-appellant and additional third-party plaintiffappellant (one brief filed).

KAMCO SUPPLY CORP., PLAINTIFF THIRD-PARTY DEFENDANT-res, v. ON THE RIGHT TRACK, LLC, DEFENDANT THIRD-PARTY PLAINTIFF-ap; SOUTHEASTERN METAL, INC., ADDITIONAL THIRD-PARTY PLAINTIFF-ap; KAMCO SUPPLY CORP. OF BOSTON THIRD-PARTY DEFENDANTS-RESPONDENTS THIRD-PARTY def

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