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RICHARDS v. DAILY NEWS DISTRIBUTING CORP.

294 A.D.2d 480 (2002)

742 N.Y.S.2d 564

LLOYD RICHARDS, Plaintiff, v. DAILY NEWS DISTRIBUTING CORP., Appellant, and DAILY NEWS, LP, Defendant and Third-Party Plaintiff-Appellant. ISS INTERNATIONAL SERVICE SYSTEMS, INC., Third-Party Defendant-Respondent.

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

Decided May 20, 2002.

Ordered that the appeal by Daily News Distributing Corp. is dismissed, as it is not aggrieved by the judgment appealed from (see CPLR 5511); and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the third-party defendant is awarded one bill of costs.

The Supreme Court properly awarded judgment to the third-party defendant at the close of the third-party plaintiff's proof since, viewing the evidence in the...

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