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MAHEU SR. v. LONG ISLAND RAIL ROAD

275 A.D.2d 695 (2000)

713 N.Y.S.2d 354

ROBERT W. MAHEU, SR., Plaintiff, v. LONG ISLAND RAIL ROAD, Defendant and Third-Party Plaintiff. DESANTO CONSTRUCTION CORP., Third-Party Defendant-Respondent-Appellant; ROYAL INSURANCE COMPANY OF AMERICA, Third-Party Defendant-Respondent; FISH-MILLER ASSOCIATES, INC., Third-Party Defendant-Appellant-Respondent.

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

Decided September 11, 2000.

Ordered that the cross appeal by the third-party defendant and second third-party plaintiff, DeSanto Construction Corp., 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; and it is further,

Ordered that the second third-party defendant-respondent is awarded one bill of costs payable by the second third...

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