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DeSTEFANO v. GUTTERMAN-WARHEIT REALTY CORP.

237 A.D.2d 245 (1997)

655 N.Y.S.2d 392

Peter DeStefano et al., Respondents, v. Gutterman-Warheit Realty Corp. et al., Appellants, and Murphy Construction Corp., Respondents

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

March 3, 1997

Ordered that the appeal by the defendant Gutterman-Warheit Realty Corp. is dismissed, as that defendant is not aggrieved by the order entered March 6, 1996; and it is further,

Ordered that the order is affirmed insofar as appealed from by the defendant Gutterman's, Inc.; and it is further,

Ordered that the plaintiffs-respondents are awarded one bill of costs payable by the appellants.

We agree that there are factual issues as to the origin of the ice...

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