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WHEATON v. EAST END COMMONS ASSOCIATES, LLC

50 A.D.3d 675 (2008)

854 N.Y.S.2d 528

SHERRYLEE S. WHEATON et al., Respondents-Appellants, v. EAST END COMMONS ASSOCIATES, LLC, Also Known as FEIL ORGANIZATION, et al., Respondents-Appellants, and KINGS PARK CONTRACTING, INC., Appellant-Respondent.

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

Decided April 1, 2008.

Ordered that the cross appeals by the defendants Broadwall Management Corp. and BJ's Wholesale Club, Inc., are dismissed, without costs or disbursements, as those defendants are not aggrieved by those portions of the order cross-appealed from (see CPLR 5511); and it is further,

Ordered that the order is affirmed insofar as appealed from by the defendant Kings Park Contracting, Inc., and cross-appealed from by the plaintiff and the defendant East End Commons...

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