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SIDOR v. ZUHOSKI

257 A.D.2d 564 (1999)

683 N.Y.S.2d 590

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

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

Decided January 11, 1999.

Ordered that the appeal by Brianna Van Tuyl and Colin Van Tuyl, individually, from so much of the order as denied the Zuhoskis' motion to dismiss the complaint in Action No. 1 is dismissed, as they are not aggrieved by that part of the order; and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

Ordered that the respondents are awarded one bill of costs.

While leave to amend a pleading should be freely given...

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