SIDOR v. ZUHOSKI


261 A.D.2d 529 (1999)

690 N.Y.S.2d 637

CHRISTOPHER SIDOR, Respondent-Appellant, v. JOSEPH ZUHOSKI et al., Appellants-Respondents, and COLIN VAN TUYL, Defendant and Third-Party Plaintiff-Appellant. MARTIN SIDOR & SONS, INC., Third-Party Defendant. (Action No. 1.) COLIN VAN TUYL, Appellant, and BRIANNA VAN TUYL et al., Respondents, v. GREGORY ZUHOSKI et al., Respondents. (Action No. 2.)

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

Decided May 17, 1999.


Ordered that on the Court's own motion, the notices of appeal and cross appeal from so much of the order as directed a hearing is deemed to be an application for leave to appeal and cross-appeal, and leave to appeal and cross-appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order is modified by deleting therefrom the provision which, upon reargument, granted the motion for summary judgment dismissing the complaint in Action No. 1...

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