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PILGER v. BERGNER

12 A.D.3d 656 (2004)

784 N.Y.S.2d 880

ERIK PILGER, Plaintiff, v. WALTER BERGNER et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Defendant. AIRES COLOMBIANOS, INC., Third-Party Defendant-Respondent-Appellant; ASSOCIATED FOODS, INC., Third-Party Defendant-Appellant-Respondent.

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

November 29, 2004.

Ordered that the cross appeal is dismissed as abandoned, without costs or disbursements, for failure to perfect the same in accordance with the rules of this Court (see 22 NYCRR 670.8 [c]; [e]); and it is further

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In response to the showing by the third-party defendant Associated Foods, Inc. (hereinafter Associated), that it did not own, occupy, or control that...

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