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VALEE v. MACINA

280 A.D.2d 598 (2001)

720 N.Y.S.2d 815

JOHN VALEE et al., Respondents, v. VINCENT MACINA, Defendant, and HARVEST PLUMBING & HEATING, INC., Appellant.

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

Decided February 20, 2001.

Ordered that the appeal is dismissed, with costs payable by the appellant.

The appeal from the order determining that the defendant Vincent Macina was acting within the scope of his employment at the time of the accident must be dismissed, as findings of fact and conclusions of law are not independently appealable (see, Napolitano v Kaddoch, 275 A.D.2d 445; Naar v Litwak & Co., 260 A.D.2d 613<...

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