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MARTINEZ v. WHITE COTTAGE ENTERPRISES

2 A.D.3d 506 (2003)

768 N.Y.S.2d 500

MARIANA MARTINEZ et al., Respondents, v. WHITE COTAGE ENTERPRISES, Appellant-Respondent, and CENTENNIAL III REALTY, Defendant and Third-Party Plaintiff-Respondent-Appellant. WATER-TIGHT GUTTER CO., Third-Party Defendant-Respondent.

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

December 8, 2003.

Ordered that the cross appeal from so much of the order dated October 1, 2002, as denied the cross motion is dismissed, as that portion of the order was superseded by the order dated March 17, 2003, made upon reargument; and it is further,

Ordered that the order dated October 1, 2002, is affirmed insofar as appealed from and reviewed; and it is further,

Ordered that the order dated March 17, 2003, is affirmed insofar...

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