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STEJSKAL v. SIMONS III

309 A.D.2d 853 (2003)

765 N.Y.S.2d 886

IVO STEJSKAL et al., Appellants, v. ALBERT SIMONS III et al., Respondents. (And a Third-Party Action.)

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

Decided October 20, 2003.

Ordered that the appeal from so much of the order as granted, on consent, that branch of the defendants' motion which was for summary judgment dismissing the plaintiffs' causes of action based on Labor Law § 240 (1) and § 241 (6) insofar as asserted against the defendant Irvine Realty Group, Inc., is dismissed, as no appeal lies from the portion of an order entered on the consent of the appealing party (see Baecher...

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