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TOTAL SPECTRUM MFG., INC. v. FRASSETTO

168 A.D.2d 552 (1990)

Total Spectrum Manufacturing, Inc., Respondent, v. Albert Frassetto et al., Appellants

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

December 17, 1990

Ordered that the appeal by the defendant Albert Frassetto is dismissed, as he is not aggrieved by the order dated April 20, 1989 (see, CPLR 5511); and it is further,

Ordered that on the appeal by Albert Frassetto Enterprises, the order dated April 20, 1989, is modified, on the law, by adding to the fifth decretal paragraph thereof, after the words "five year period", the following words: "unless the plaintiff fails to exercise its option to purchase the premises...

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