Appellate Division of the Supreme Court of the State of New York May 26, 2009 (Chavez v. City of New York)

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.

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