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DiMAGGIO v. J. FLETCHER CREAMER & SON, INC.

239 A.D.2d 458 (1997)

658 N.Y.S.2d 967

Peter Dimaggio, Appellant-Respondent, v. J. Fletcher Creamer & Son, Inc., Defendant and Third-Party Plaintiff-Respondent-Appellant. Carabie Corporation, Third-Party Defendant-Respondent

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

May 19, 1997

Ordered that the cross appeal is dismissed, without costs or disbursements, on the ground that the defendant third-party plaintiff is not aggrieved by the order cross-appealed from (see, CPLR 5511; see, Parochial Bus Sys. v Board of Educ., 60 N.Y.2d 539); and it is further,

Ordered that the order is affirmed insofar as reviewed, without costs or disbursements.

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