SHER v. PELLICANO


203 A.D.2d 273 (1994)

609 N.Y.S.2d 352

Arnold Sher et al., Respondents, v. Jack Pellicano, Defendant, and Joseph Ghisline, Defendant and Third-Party Plaintiff-Appellant. County of Suffolk, Third-Party Defendant-Respondent

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

April 4, 1994


Ordered that the order is affirmed insofar appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

We reject the respondents' contention that the appellant is precluded from bringing this appeal based upon a decision and order on motion of this Court dated February 10, 1992, which dismissed, for lack of prosecution, an appeal from another order of the Supreme Court, Suffolk County, also dated January 31, 1991. While...

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