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WHALEN v. CITY OF NEW YORK

270 A.D.2d 340 (2000)

704 N.Y.S.2d 305

KEVIN WHALEN, Respondent, v. CITY OF NEW YORK et al., Defendants and Third-Party Plaintiffs-Appellants. THUNDERBIRD CONSTRUCTORS, INC., Third-Party Defendant-Respondent.

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

Decided March 13, 2000.

Ordered that the appeal from the purported interlocutory judgment is dismissed, without costs or disbursements, as it is a jury verdict embodied in an extract of the trial minutes, which is not appealable; and it is further,

Ordered that the appeal by the City of New York from the order dated January 20, 1999, is dismissed, without costs or disbursements, as the City of New York is not aggrieved by the portion of the order appealed from (see, CPLR 5511); and...

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