LODATO v. GREYHAWK NORTH AMERICA, LLC


39 A.D.3d 496 (2007)

834 N.Y.S.2d 237

CHARLES LODATO, Plaintiff, v. GREYHAWK NORTH AMERICA, LLC, Defendant and Third-Party Plaintiff, et al., Defendant. NAGAN CONSTRUCTION, INC., Third-Party Defendant/Second Third-Party Plaintiff-Respondent-Appellant, et al., Second Third-Party Defendant; VITO LODATO, Second Third-Party Defendant-Appellant-Respondent.

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

Decided April 3, 2007.


Ordered that the cross appeal is dismissed, as the third-party defendant/second third-party plaintiff is not aggrieved by the order (see CPLR 5511); and it is further,

Ordered that the order is affirmed, without costs or disbursements.

The second third-party defendant Magara Construction, Inc. (hereinafter Magara), was dissolved in December 1993 by proclamation of the Secretary of State for nonpayment of franchise...

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