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  5. 303 A.D.2d 370 (2003)
 

J & A VENDING, INC. v. J.A.M. VENDING, INC.

303 A.D.2d 370 (2003)

757 N.Y.S.2d 52

J & A VENDING, INC., Respondent, v. J.A.M. VENDING, INC., Defendant and Third-Party Plaintiff-Appellant-Respondent. MILTON SMALL et al., Third-Party Defendants-Respondents. JOHN MURN et al., Nonparty Appellants-Respondents. (Action No. 1.) J.A.M. VENDING, INC., et al., Plaintiffs, v. EAGLE & FEIN et al., Defendants. J & A VENDING, INC., Nonparty Appellant. (Action No. 2.) J.A.M. VENDING, INC., et al., Plaintiffs, v. MILTON SMALL et al., Appellants, et al., Defendants. J & A VENDING, INC., Appellant. (Action No. 3.) J.A.M. VENDING, INC., Plaintiff, v. JERRY R. DUGGER et al., Defendants. (And Two Third-Party Actions.) (Action No. 4.) J & A VENDING, INC., Respondent, v. J.A.M. VENDING, INC., et al., Defendants, and ANSWER VENDING, INC., et al., Appellants. (Action No. 5.)

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

Decided March 3, 2003.

Ordered that the purported appeals by Ditmas Distributing Corp. and Larry Bono in Action No. 5, and the purported cross-appeal by Milton Small in Actions No. 2 and No. 3, are dismissed, without costs or disbursements, as no notices of appeal or cross appeal were filed on their behalf; and it is further,

Ordered that the order dated December 22, 2000, is modified, on the law, by (1) upon the denial of the motion for "summary judgment" in Action No. 1 of the defendant...

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