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Handras v American Grill Diner 2010 NY Slip Op 32975(U) September 29, 2010 Supreme Court, Queens County Docket Number: 5192/2007 Judge: Orin R. Kitzes Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

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Short Form Order NEW YORK SUPREME COURT - QUEENS COUNTY

Present: HONORABLE

ORIN R. KITZES Justice

IA Part

17

x JOHN HANDRAS and MARIANTHI HANDRAS, Plaintiffs, - against AMERICAN GRILL DINER and 117 2nd AVENUE CORPORATION, Defendants. x

Index Number Motion Date Motion Cal. Number

5192

2007

June 2,

2010

26 4

Motion Seq. No.

The following papers numbered 1 to 10 read on this motion by third-party defendant Masters Coverage Corporation (Masters) for summary judgment dismissing the third-party complaint or, in the alternative, for severance of the third-party action from the first-party action; and on this cross motion by defendant/third-party plaintiff American Grill Diner (American Grill) for leave to amend the caption to reflect its proper corporate name pursuant to CPLR 3025(b), to sever the third-party action from the primary action, and to consolidate the third-party action for a joint trial with a companion action in another county entitled 117 2nd Avenue Corp. v Underwriters of Lloyd's, London (index No. 101681/2010).

Papers Numbered Notice of Motion - Affidavits - Exhibits......................................... Notice of Cross Motion - Affidavits - Exhibits............................... Reply Affidavits.............................................................................. 1-4 5-8 9 - 10

Upon the foregoing papers it is ordered that the motion and cross motion are determined as follows:

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On October 2, 2006, plaintiff John Handras was allegedly injured while performing construction work during the renovation of American Grill. On February 28, 2007, plaintiff John Handras, and his wife suing derivatively, subsequently commenced an action against defendants American Grill and 117 2nd Avenue Corporation under Labor Law

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