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PODHASKIE v. SEVENTH CHELSEA ASSOCIATES

3 A.D.3d 361 (2004)

770 N.Y.S.2d 332

MICHAEL PODHASKIE et al., Plaintiffs, v. SEVENTH CHELSEA ASSOCIATES et al., Defendants and Third-Party Plaintiffs-Appellants. REGIONAL SCAFFOLDING & HOISTING COMPANY, INC., Third-Party Defendant-Respondent.

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

January 13, 2004.

At the outset, we note that CPLR 5520 (c) "grants this Court the discretion to deem certain premature or inaccurate notices of appeal as valid and provides us with the specific authority to correct the procedural problem created here by [third-party] plaintiffs' appeal of the order and not the judgment" (Robertson v Greenstein, 308 A.D.2d 381, 382 [2003] [citations omitted]). This...

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