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ELL v. S.E.T. LANDSCAPE DESIGN, INC.

286 A.D.2d 414 (2001)

729 N.Y.S.2d 515

BOBBIE J. ELL et al., Appellants-Respondents, v. S.E.T. LANDSCAPE DESIGN, INC., et al., Respondents, and LESCO, INC., Respondent-Appellant.

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

Decided August 20, 2001.

Ordered that the cross appeal is dismissed, without costs or disbursements, as the defendant LESCO, Inc., is not aggrieved by the order appealed from (see, CPLR 5511); and it is further,

Ordered that the order is modified by deleting the provisions thereof granting those branches of the separate motions of the defendants Glenn Nixon and S.E.T. Landscape Design, Inc., which were for summary judgment dismissing the complaint insofar as asserted against them,...

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