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MARTIN v. BACK O'BEYOND, INC.

198 A.D.2d 479 (1993)

604 N.Y.S.2d 205

Robert C. Martin, Respondent, v. Back O'Beyond, Inc., Appellant-Respondent, et al., Defendant, and Pelletier, Inc., Respondent-Appellant. (And a Third-Party Action.)

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

November 29, 1993

Ordered that the appeal of Back O'Beyond, Inc., is dismissed as abandoned, without costs or disbursements, for failure to perfect the same in accordance with the rules of this Court (22 NYCRR 670.10 [d], [f]); and it is further,

Ordered that the order is modified, on the law, by deleting so much of the second decretal paragraph thereof as granted the cross motion of Back O'Beyond, Inc. for partial summary judgment against Pelletier, Inc., and substituting therefor...

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