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WALTER CONCRETE CONSTR. CORP. v. PCM DEV. CO.

229 A.D.2d 994 (1996)

646 N.Y.S.2d 434

Walter Concrete Construction Corp., Respondent, v. PCM Development Company, Appellant

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

July 12, 1996

Judgment unanimously affirmed with costs.

Memorandum:

A judgment was entered at the same time as the order from which this appeal was taken. The order is subsumed within the judgment and the appeal is from the judgment, not the order (see, Hughes v Nussbaumer, Clarke & Velzy, 140 A.D.2d 988). We exercise our discretion to disregard the misstatement in the notice of appeal (see, CPLR 5520 [c]), and...

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