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HY-TECH COATINGS v. MIDDLE COUNTRY CENTRAL SCHOOL DISTRICT

266 A.D.2d 264 (1999)

698 N.Y.S.2d 277

HY-TECH COATINGS, Respondent, v. MIDDLE COUNTRY CENTRAL SCHOOL DISTRICT et al., Defendants, and CITNALTA CONSTRUCTION CORP. et al., Appellants.

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

Decided November 8, 1999.

Ordered that the appeal from the order dated November 18, 1998, is dismissed, as that order does not decide a motion made on notice (see, CPLR 5701 [a] [2]); and it is further,

Ordered that the order dated May 17, 1999, is reversed, the motion is granted, and the complaint is dismissed; and it is further,

Ordered that the appellants are awarded one bill of costs.

A plaintiff served with a notice pursuant to CPLR 3216 to

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