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SANTORELLI v. APPLE & EVE, L.P.

290 A.D.2d 499 (2002)

736 N.Y.S.2d 262

THOMAS SANTORELLI, Appellant, v. APPLE & EVE, L.P., et al., Respondents, et al., Defendants.

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

Decided January 22, 2002.

Ordered that the appeal from so much of the order as denied that branch of the cross motion which was to strike the answer of the defendant Johanna Foods, Inc., is dismissed as academic; and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

Ordered that the defendant Apple & Eve, L.P., is awarded one bill of costs.

Contrary to the plaintiff's contention, the Supreme Court

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