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FITZGERALD v. EATON

265 A.D.2d 374 (1999)

697 N.Y.S.2d 81

THOMAS FITZGERALD et al., Respondents, v. KENNWORTH EATON, Also Known as KENNWORTH J. EATON, et al., Appellants. STANLEY J. SOMER, Nonparty Appellant.

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

Decided October 12, 1999.

Ordered that the purported appeals by nonparty Stanley J. Somer are dismissed, without costs or disbursements, as he is not aggrieved by the orders appealed from; and it is further,

Ordered that the order dated May 28, 1998, is modified by deleting therefrom the provision denying the motion of the defendant Stanley J. Somer & Associates, P. C., for summary judgment and substituting therefor a provision granting that motion; as so modified, the order is affirmed...

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