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PATRICK BUTLER GENERAL CONTRACTOR, INC. v. ROCCO

281 A.D.2d 527 (2001)

722 N.Y.S.2d 66

PATRICK BUTLER GENERAL CONTRACTOR, INC., Appellant, v. VICTOR ROCCO et al., Defendants and Third-Party Plaintiffs-Respondents. PATRICK BUTLER, Third-Party Defendant-Appellant.

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

Decided March 19, 2001.

Ordered that the appeal by the third-party defendant, Patrick Butler, is dismissed, as he is not aggrieved by the portion of the order appealed from (see, CPLR 5511); and it is further,

Ordered that the order is reversed insofar as appealed from by the plaintiff Patrick Butler General Contractor, Inc., on the law, with costs, the motion is denied, and the complaint is reinstated.

In 1995 the defendants hired the plaintiff to renovate their residence...

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