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MARTINEZ v. CITY OF NEW YORK

307 A.D.2d 989 (2003)

763 N.Y.S.2d 663

ELADIO MARTINEZ, Respondent, v. CITY OF NEW YORK, Respondent, FRANK TETRO et al., Appellants-Respondents, and ANTONIO TROCCHIA et al., Defendants and Third-Party Plaintiffs Appellants-Respondents. YONKERS CONTRACTING COMPANY, Third-Party Defendant-Respondent.

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

Decided August 18, 2003.

Ordered that the appeal by the defendants third-party plaintiffs Antonio Trocchia individually and doing business as Tony's Auto Body and Tony's Auto Body from so much of the order as granted that branch of the motion of the defendant City of New York which was for summary judgment dismissing the complaint insofar as asserted against it is dismissed, without costs or disbursements, as they are not aggrieved thereby (see CPLR 5511); and it is further,

Ordered...

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