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YACOVACCI v. SHOPRITE SUPERMARKET, INC.

24 A.D.3d 539 (2005)

808 N.Y.S.2d 284

IDA YACOVACCI, Plaintiff, v. SHOPRITE SUPERMARKET, INC., et al., Defendants, COLVIN STREET CORP. et al., Appellants, THC REALTY DEVELOPMENT, LP, Defendant and Third-Party Plaintiff-Appellant, and V. TOMMASO, LTD., Defendant and Third-Party Defendant-Respondent, et al., Defendant and Third-Party Defendant.

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

December 12, 2005.

Ordered that the appeals by the defendants Colvin Street Corp., King Kullen, and J. Donald Kennedy are dismissed as abandoned (see 22 NYCRR 670.8 [e] [1]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the cross motion of the defendant and third-party defendant V. Tommaso, Ltd., which was for summary judgment dismissing the claim of the...

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