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COLEMAN v. HAYES

294 A.D.2d 458 (2002)

742 N.Y.S.2d 648

JOHN COLEMAN et al., Respondents-Appellants, v. DONALD HAYES et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents. KAREN TEMPLETON et al., Third-Party Defendants-Appellants-Respondents.

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

Decided May 20, 2002.

Ordered that on the Court's own motion, the plaintiffs' notice of cross appeal is treated as an application for leave to cross-appeal, and leave to cross-appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the third-party defendants which was for summary judgment dismissing the third-party complaint, and substituting therefor a provision...

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