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MYERS v. CORNELL UNIV.

64 A.D.2d 988 (1978)

Richard W. Myers, as Administrator of The Estate of Jay B. Myers, Deceased, Respondent, v. Cornell University, Appellant and Third-Party Plaintiff-Respondent. A. Friederich & Sons, Inc., Third-Party Defendant-Appellant

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

September 7, 1978

Motion to dismiss appeal of third-party defendant-appellant granted, without costs, on the ground that review by this court was waived when the third-party defendant elected to pursue its direct appeal to the Court of Appeals pursuant to CPLR 5601 (subd [d]) (see Parker v Rogerson 35 N.Y.2d 751, 753; Cohen and Karger, Powers of the New York Court of Appeals, § 73; 7 Weinstein-Korn-Miller, NY Civ Prac...

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