FULLER v. CITY OF YONKERS


100 A.D.2d 926 (1984)

Julia Fuller, Individually and as Administratrix of The Estate of James Fuller, Deceased, Appellant v. City of Yonkers et al., Respondents

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

April 23, 1984


¶ So much of the appeal as seeks review of the dismissal of the fourth cause of action asserted in plaintiff's amended complaint dismissed. The judgment recites that the dismissal of the fourth cause of action was made upon plaintiff's withdrawal thereof. Accordingly, plaintiff is not aggrieved by that portion of the judgment (CPLR 5511). ¶ Judgment modified, on the law, by reinstating the second and fifth causes of action asserted in plaintiff's

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