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CIRAOLO v. MELVILLE COURT ASSOCS.

221 A.D.2d 582 (1995)

634 N.Y.S.2d 205

Michael Ciraolo, Respondent, v. Melville Court Associates et al., Defendants and Third-Party Plaintiffs-Appellants. Augiwicz Excavating Corp., Third-Party Defendant-Appellant, et al., Third-Party Defendant

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

November 27, 1995

Ordered that the order is affirmed, with costs payable by the appellants appearing separately and filing separate briefs.

Because the third-party defendant Augiwicz Excavating Corp. (hereinafter Augiwicz) joined in the motion for summary judgment, inter alia, dismissing the plaintiff's causes of action under Labor Law §§ 240, 241, it was aggrieved by the denial of that relief, and can properly appeal from the order (see, CPLR 5511;

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