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ADAMS v. TAYLOR INSTRUMENT

195 A.D.2d 946 (1993)

602 N.Y.S.2d 564

Arthur E. S. Adams et al., on Behalf of Themselves and Other Persons Similarly Situated, Respondents-Appellants, and Paul M. Augenstein, Respondent, v. Taylor Instrument, a Division of Combustion Engineering, Inc., Also Known as CE — Process Automation Business, et al., Appellants-Respondents

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

July 16, 1993

Cross appeal unanimously dismissed without costs and order otherwise affirmed.

Memorandum:

The record fails to show any cross appeal taken by plaintiff Augenstein from denial of his cross motion for summary judgment (see, 10 Carmody-Wait 2d, NY Prac § 70:171, at 184; see, e.g., Matter of May v Accident & Cas. Ins. Co., 275 App Div 1007). We therefore do not reach the issue briefed by

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