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HEMMINGS v. ST. MARKS HOUS. ASSOCS.

242 A.D.2d 284 (1997)

661 N.Y.S.2d 964

Allan Hemmings, Respondent, v. St. Marks Housing Associates, L.P., Defendant and Third-Party Plaintiff. Blakel Construction Corporation, Defendant and Third-Party Defendant-Appellant, et al., Third-Party Defendant

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

August 11, 1997

Ordered that the appeal from the order dated April 22, 1996, is dismissed, as that order was superseded by the order dated March 6, 1997, made upon reargument; and it is further,

Ordered that the order dated March 6, 1997, is affirmed insofar as appealed from; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

The Supreme Court properly concluded that the defendant Blakel Construction...

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