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CARELLA v. REILLY & ASSOCIATES

6 A.D.3d 373 (2004)

773 N.Y.S.2d 903

MICHAEL CARELLA et al., Plaintiffs, v. REILLY & ASSOCIATES et al., Defendants and Third-Party Plaintiffs-Respondents. ITALIANO BROTHERS DRYWALL AND STUCCO, INC., et al., Third-Party Defendants-Appellants.

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

April 5, 2004.

Ordered that the appeal by the third-party defendant, Italiano Brothers Drywall and Stucco, Inc., from so much of the order entered April 7, 2003, as denied the motion for summary judgment dismissing the second third-party complaint is dismissed, without costs or disbursements, as Italiano Brothers Drywall and Stucco, Inc., is not aggrieved by that portion of the order entered April 7, 2003; and it is further,

Ordered that the appeal by the second third-party defendant...

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