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KNEUER v. AM. HOIST & DERRICK CO.

126 A.D.2d 608 (1987)

Kenneth R. Kneuer et al., Respondents, v. American Hoist & Derrick Co. et al., Appellants, et al., Defendants. (And Third- and Fourth-Party Actions.)

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

January 20, 1987

Ordered that the appeal by the defendant Elkhart is dismissed, as that party is not aggrieved by the order (see, CPLR 5511); and it is further,

Ordered that the order is affirmed insofar as it is appealed from by Amhoist; and it is further,

Ordered that the plaintiffs are awarded one bill of costs, payable jointly by Elkhart and Amhoist.

Elkhart is not aggrieved by the order since it failed to move for the relief it now seeks on appeal. With...

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