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FITZPATRICK v. SULLIVAN, MAGEE & SULLIVAN, INC.

49 A.D.2d 902 (1975)

Janet Fitzpatrick, Individually and as Administratrix of The Estate of Ronald Fitzpatrick, Deceased, Respondent-Appellant, v. Sullivan, Magee and Sullivan, Inc., Defendant and Third-Party Plaintiff-Appellant-Respondent, and Rockart Realty, Inc., Appellant-Respondent. J. P. Patti Co., Inc., Third-Party Defendant-Appellant-Respondent

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

October 14, 1975

Appeals by defendant Rockart Realty, Inc., and the third-party defendant dismissed; neither of said parties have filed a brief. Appeal by plaintiff dismissed as moot in view of the disposition herein upon the appeal by Sullivan. Upon the appeal by Sullivan, order affirmed insofar as appealed from. Plaintiff is awarded $20 costs and disbursements against Sullivan and no other award of costs is made.

Plaintiff, her husband (the decedent) and their one-year-old child...

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