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SPIVAK v. ERICKSON

40 A.D.3d 962 (2007)

836 N.Y.S.2d 676

ALEXSANDR SPIVAK et al., Plaintiffs, v. ROBERT A. ERICKSON et al., Respondents, and DEBORAH PIERGIOVANNI, Appellant. JOSEPH PIERGIOVANNI, Nonparty Appellant.

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

Decided May 22, 2007.

Ordered that the appeal by nonparty Joseph Piergiovanni is dismissed, as he is not aggrieved by the order appealed from; and it is further,

Ordered that the appeal by the defendant Deborah Piergiovanni from so much of the order as granted that branch of the cross motion of the defendants Robert A. Erickson and Geraldine DeRosa which was for summary judgment dismissing the complaint insofar as asserted against them is dismissed...

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