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HAYES v. CITY OF NEW YORK

279 A.D.2d 610 (2001)

720 N.Y.S.2d 362

KRISTINE HAYES, Plaintiff, v. CITY OF NEW YORK, Defendant, and ROUSE SI SHOPPING CENTER, INC., Defendant and Third-Party Plaintiff-Appellant. JUST SHIRTS STATEN ISLAND, LTD., Third-Party Defendant-Respondent.

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

Decided January 29, 2001.

Ordered that on the Court's own motion, that portion of the notice of appeal which purports to appeal as of right from so much of the order as, in effect, sua sponte dismissed the appellant's claim for contribution, is deemed to be a motion for leave to appeal from that portion of the order, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, that branch of the motion which was for partial summary...

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