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STACHURA v. 615-51 STREET REALTY CORP.

22 A.D.3d 744 (2005)

803 N.Y.S.2d 114

STANISLAW STACHURA et al., Plaintiffs, v. 615-51 STREET REALTY CORP. et al., Defendants and Third-Party Plaintiffs-Appellants. J&L LANDSCAPING, INC., Third-Party Defendant-Respondent.

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

October 24, 2005.

Ordered that the appeal of the defendant third-party plaintiff 615-51 Street Realty Corp., is dismissed, as that party is not aggrieved by the portion of the order appealed from (see CPLR 5511); and it is further,

Ordered that the order is reversed insofar as appealed from by the defendant third-party plaintiff New Deal Realty Corp., on the law, that branch of the cross motion which was to dismiss the claim insofar as asserted by the defendant third-party plaintiff...

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