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SEUDATH v. MOTT

266 A.D.2d 450 (1999)

698 N.Y.S.2d 885

ANTHONY C. J. SEUDATH et al., Respondents, v. DOROTHY MOTT et al., Defendants, and RUSS GUSTA, Defendant and Third-Party Plaintiff. ARTHUR MOTT, Third-Party Defendant-Appellant, et al., Third-Party Defendants.

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

Decided November 22, 1999.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs' contention, the appellant, a third-party defendant, is aggrieved by the order denying his motion for summary judgment dismissing their complaint insofar as asserted against the defendant third-party plaintiff Russ Gusta, and thus may appeal from the order (see, CPLR 5511; Ciraolo v Melville Ct. Assocs., 221 A.D.2d 582).

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