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PEREIRA v. OLIVER'S RESTAURANT INC.

260 A.D.2d 358 (1999)

687 N.Y.S.2d 704

ANIBAL PEREIRA, Respondent, v. OLIVER'S RESTAURANT, INC., Doing Business as OLIVER'S, Defendant, PAUL G. HRITZ, Appellant. OLLIVER'S RESTAURANT CORPORATION, Nonparty Appellant.

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

Decided April 5, 1999.

Ordered that the appeal by the defendant Paul G. Hritz from so much of the order as denied that branch of the cross motion which was to dismiss the complaint against Olliver's Restaurant Corporation is dismissed, as the defendant Hritz is not aggrieved thereby (see, CPLR 5511); and it is further,

Ordered that the order is reversed insofar as reviewed, on the law, with costs, that branch of the cross motion which was to dismiss the complaint insofar as asserted...

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