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Before: Rivera, J.P.; Covello, Angiolillo and Leventhal, JJ. Decided: Sept. 22, 2009 APPEAL by the defendants third-party plaintiffs, in an action to recover damages for personal injuries, from an order of the Supreme Court (Gerald E. Loehr, J.), entered May 8, 2008, in Westchester County, which granted that branch of the motion of the third-party defendants which was pursuant to CPLR 3211(a)(7) to dismiss the third-party complaint and denied that branch of their cross motion which was for leave to amend the third-party complaint to allege a violation of General Obligations Law §11-101. Justice Leventhal has been substituted for former Associate Justice Ritter (see 22 NYCRR 670.1[c]).

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