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OLIVEIRA v. DEPOT

260 A.D.2d 561 (1999)

686 N.Y.S.2d 738

ANTONIO OLIVEIRA et al., Respondents, v. HOME DEPOT, Defendant and Third-Party Plaintiff, and MELITO CONSTRUCTION CORP., Defendant and Third-Party Plaintiff-Appellant-Respondent. FARAD CONCRETE CORPORATION, Third-Party Defendant-Respondent-Appellant.

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

Decided April 19, 1999.

Ordered that the appeal by the third-party defendant, Farad Concrete Corporation, is dismissed, for failure to perfect the same in accordance with the rules of this Court (see, 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the order is affirmed insofar as appealed from by Melito Construction Corp.; and it is further,

Ordered that the plaintiffs are awarded one bill of costs payable by Melito Construction Corp.

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