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300 WEST REALTY CO. v. CITY OF NEW YORK

57 A.D.2d 805 (1977)

300 West Realty Co., Respondent-Appellant, v. City of New York, Appellant-Respondent

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

May 24, 1977

The defendant is not precluded from contesting the issue of liability on this appeal. Its failure to appeal from the order of July, 1972 does not mean it acquiesced in the court's conclusion. This appeal from a final judgment brings on for review all intermediate orders necessarily affecting the judgment not previously reviewed. Upon review we concur with the conclusion reached at Special Term insofar as it finds defendant liable...

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