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STEIN v. YONKERS CONTRACTING, INC.

244 A.D.2d 476 (1997)

664 N.Y.S.2d 328

Ronald J. Stein et al., Respondents, v. Yonkers Contracting, Inc., et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendants. Rice Mohawk U.S. Construction Co., Ltd., Third-Party Defendant-Respondent. (Action No. 1.) Ronald J. Stein et al., Respondents, v. Yonkers Contracting, Inc., et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendants. Rice Mohawk U.S. Construction Co., Ltd., Third-Party Defendant-Respondent. (Action No. 2.)

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

November 17, 1997

Ordered that the appeals taken by the New York City Department of Transportation are dismissed, without costs or disbursements, as withdrawn pursuant to a letter dated September 29, 1997; and it is further,

Ordered that on the appeal of the defendant third-party plaintiff Yonkers Contracting, Inc., the order dated February 26, 1997, in Action No. 1, is modified, on the law, by deleting therefrom the provision granting those branches of the cross motion which were...

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