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CONCORDIA GENERAL CONTRACTING COMPANY, INC. v. ROBERTA

4 A.D.3d 494 (2004)

771 N.Y.S.2d 727

CONCORDIA GENERAL CONTRACTING COMPANY, INC., Appellant, v. GEORGE ROBERTA et al., Respondents.

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

February 23, 2004.

Ordered that the appeal from the order dated November 4, 2002, is dismissed, as no appeal lies as of right from an order which does not determine a motion made on notice (see CPLR 5701 [a] [2]), and in any event, the order was superseded by the order entered December 13, 2002; and it is further,

Ordered that the order entered December 13, 2002, is reversed insofar as appealed from, on the facts and as a matter of discretion...

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