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ARDREY v. ORANGE COUNTY AGRIC. SOC'Y

248 A.D.2d 573 (1998)

669 N.Y.S.2d 914

Elizabeth Ardrey, Appellant, v. Orange County Agricultural Society, Defendant and Third-Party Plaintiff-Appellant. Glenn A. Donnelly, Doing Business as Drivers' Independent Race Tracks of New York, et al., Third-Party Defendants-Respondents

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

March 23, 1998

Ordered that the appeal by the plaintiff is dismissed on the ground that she is not aggrieved by the portion of the order from which she appeals (see, CPLR 5511); and it is further,

Ordered that the order is modified by adding thereto a provision that, upon searching the record, the branch of the motion of the third-party defendants which was for summary judgment dismissing the amended verified complaint insofar as asserted against them is granted; as so modified...

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