JAMES E. McMURRAY ENTERPRISES, INC. v. FROHLICH


309 A.D.2d 836 (2003)

766 N.Y.S.2d 78

JAMES E. McMURRAY ENTERPRISES, INC., Appellant-Respondent, v. WILLIAM FROHLICH et al., Respondents-Appellants, et al., Defendant.

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

Decided October 20, 2003.


Ordered that the plaintiff's notice of appeal from the decision dated May 24, 2001, and the defendants' notice of cross appeal from the same decision are deemed premature notices of appeal and cross appeal, respectively from the judgment entered August 27, 2003 (see CPLR 5520 [c]); and it is further,

Ordered that the judgment is modified, on the facts, by (1) deleting the provision thereof dismissing the complaint and (2) adding thereto a provision awarding...

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