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WILCOX DEVELOPMENT CORP. v. CITY OF NEW YORK

275 A.D.2d 454 (2000)

712 N.Y.S.2d 892

WILCOX DEVELOPMENT CORP., Respondent, v. CITY OF NEW YORK et al., Respondents. DOMINICK PUGLIESE AND SONS, INC., Intervenor-Appellant.

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

Decided August 28, 2000.

Ordered that the appeal is dismissed, without costs or disbursements.

The appellant is not aggrieved by the dismissal of the plaintiff's complaint insofar as asserted against the defendants City of New York and Department of Environmental Protection (see, CPLR 5511; Korn v New York Prop. Ins. Underwriting Assn., 43 N.Y.2d 695; Dublin v Prime,

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