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DOUGLAS SMITH FABRICATION AND REPAIR v. GASTHAUS

259 A.D.2d 515 (1999)

686 N.Y.S.2d 453

DOUGLAS SMITH FABRICATION AND REPAIR, Appellant, v. HANS GASTHAUS et al., Respondents.

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

Decided March 8, 1999.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 A.D.2d 509); and it is further,

Ordered that the appeal from the order is dismissed as academic; and it is further,

Ordered that the defendants are awarded one bill of costs.

By order dated October 17, 1997, the Supreme Court, denied the plaintiffs' motion for summary judgment...

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