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DANIELSON v. JAMECO OPERATING CORP.

20 A.D.3d 446 (2005)

800 N.Y.S.2d 421

WILLIAM DANIELSON et al., Respondents, v. JAMECO OPERATING CORP., Defendant and Third-Party Plaintiff-Appellant-Respondent. ADONIA PIZZA CORP., Third-Party Defendant-Respondent-Appellant. (And a Second Third-Party Action.)

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

July 11, 2005.

Ordered that on the court's own motion, the third-party defendant's notice of appeal from the decision is deemed to be a notice of appeal from the order dated May 27, 2004 (see CPLR 5520 [c]); and it is further,

Ordered that the order dated May 27, 2004, is modified, on the law, by deleting the provision thereof denying that branch of the cross motion of the third-party defendant, Adonia Pizza Corp., which was for summary judgment dismissing the third-party...

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