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29-31 NORTH STATION PLAZA v. SHMULICK CONSTRUCTION CORPORATION

8 A.D.3d 472 (2004)

778 N.Y.S.2d 694

29-31 NORTH STATION PLAZA, Respondent, v. SHMULICK CONSTRUCTION CORPORATION et al., Appellants.

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

June 14, 2004.

Ordered that the appeal by the defendant Shmulick Construction Corporation is dismissed, as it is not aggrieved by the order appealed from (see CPLR 5511); and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

The defendants Shmulick Contracting Corporation and Shmulick Yizhary (hereinafter the appellants) did not proffer a valid excuse for their failure to respond...

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