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FOX v. LYTE

143 A.D.2d 390 (1988)

Joseph Fox, Respondent, v. David Lyte et al., Defendants and Third-Party Plaintiffs-Appellants. City of New York, Third-Party Defendant-Respondent, et al., Third-Party Defendants

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

September 19, 1988

Ordered that the appeal by the defendants third-party plaintiffs Lyte from so much of the interlocutory judgment as absolved the City of New York of all liability is dismissed (see, CPLR 5511); and it is further,

Ordered that the interlocutory judgment is modified, as a matter of discretion, by deleting the first and third decretal paragraphs thereof; as so modified, the interlocutory judgment is affirmed, and the matter is remitted to the Supreme Court, Queens...

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