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ANDREULA v. STEINWAY BARAQA FOOD CORP.

248 A.D.2d 339 (1998)

669 N.Y.S.2d 619

Philip Andreula, as Executor of Vincent Andreula, Deceased, et al., Respondents, v. Steinway Baraqa Food Corp., Doing Business as Dunkin Donuts, et al., Defendants, and Barbaro Construction Co., Also Known as Barbaro Contracting, Inc., Appellant

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

March 2, 1998

Ordered that the order dated November 19, 1996, is reversed insofar as appealed from, on the law, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the defendant Barbaro Construction Co. a/k/a Barbaro Contracting, Inc., and the action against the remaining defendants is severed; and it is further,

Ordered that the appeal from the order dated May 22, 1997, is dismissed on the ground that the appellant is not aggrieved...

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