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HERNANDEZ v. BOARD OF EDUCATION OF CITY OF NEW YORK

264 A.D.2d 709 (1999)

694 N.Y.S.2d 752

ELLIS HERNANDEZ et al., Respondents, v. BOARD OF EDUCATION OF CITY OF NEW YORK, Defendant and Third-Party Plaintiff-Appellant. HARDIE & ASSOCIATES, Third-Party Defendant-Respondent. (Action No. 1.) ELLIS HERNANDEZ et al., Respondents, v. B.G. NATIONAL PLUMBING & HEATING, INC., Appellant. (Action No. 2.)

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

Decided September 13, 1999.

Ordered that the appeal by the defendant in Action No. 2 from the order dated April 30, 1998, is dismissed, as that defendant is not aggrieved by that order (see, CPLR 5511); and it is further,

Ordered that the order dated April 30, 1998, is affirmed insofar as reviewed; and it is further,

Ordered that the order dated August 10, 1998, is modified, on the law, by deleting the provisions thereof denying those branches of the defendants' motions which...

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