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VINCENTE v. ROY KAY, INC.

35 A.D.3d 448 (2006)

826 N.Y.S.2d 361

THOMAS VINCENTE et al., Respondents-Appellants, v. ROY KAY, INC., Defendant and Third-Party and Second Third-Party Plaintiff-Appellant-Respondent. RJR MECHANICAL, INC., Third-Party Defendant-Appellant-Respondent, and LEEWEN CONTRACTING CORP., Second Third-Party Defendant-Appellant-Respondent.

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

Decided December 5, 2006.

Ordered that the appeal from the order dated January 4, 2002, is dismissed, without costs or disbursements, as that order was vacated by the order dated November 23, 2004, made upon renewal and in light of our determination on the appeal from so much of the order dated November 23, 2004, as vacated the order dated January 4, 2002; and it is further,

Ordered that the appeal by the third-party defendant and the second third-party defendant from so much of the order...

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