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HUTTER v. LEVITT & SONS, INC.

36 A.D.2d 758 (1971)

David W. Hutter et al., Appellants, v. Levitt & Sons, Incorporated, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 22, 1971

Order affirmed, with $20 costs and disbursements.

We are not making any determination concerning defendant's application, made for the first time in its brief on this appeal, for summary judgment dismissing the second cause of action. In our view, since defendant has not cross-appealed, we are without authority to consider and determine said application by defendant (Ralston Purina Co. v. Siegel's Poultry, ...

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