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ATLAS BLDG. SYS., INC. v. RENDE

236 A.D.2d 494 (1997)

653 N.Y.S.2d 694

Atlas Building Systems, Inc., Appellant, v. Carmine Rende, Jr., Defendant, and Frank J. Esposito, Respondent

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

February 18, 1997

Ordered that the appeal from the order is dismissed, without costs or disbursements; and it is further,

Ordered that the judgment is modified by adding thereto a provision severing the plaintiff's second cause of action insofar as asserted against the defendant Frank J. Esposito; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements, the provision of the order entered December 18, 1995, which dismissed the second cause of...

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