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KANARVOGEL v. TOPS APPLIANCE CITY, INC.

271 A.D.2d 409 (2000)

705 N.Y.S.2d 644

MARK KANARVOGEL et al., Respondents, v. TOPS APPLIANCE CITY, INC., Appellant-Respondent, and ALKO GENERAL CONTRACTORS, INC., Respondent-Appellant. (And a Third-Party Action.)

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

Decided April 3, 2000.

Ordered that the appeal by the defendant Alko General Contractors, Inc., 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 modified by (1) deleting the provision thereof denying those branches of the motion of the defendant Tops Appliance City, Inc., which were for summary judgment dismissing the cause...

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