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SPECTRUM PAINTING CONTRACTORS, INC. v. KREISLER BORG FLORMAN GENERAL CONSTRUCTION CO., INC.

64 A.D.3d 565 (2009)

883 N.Y.S.2d 262

SPECTRUM PAINTING CONTRACTORS, INC., Plaintiff, v. KREISLER BORG FLORMAN GENERAL CONSTRUCTION CO., INC., et al., Respondents-Appellants, MIRIAM OSBORN MEMORIAL HOME ASSOCIATION, Appellant-Respondent, and R & J CONSTRUCTION CORP. et al., Respondents, et al., Defendants. (Action No. 1.) FRANK & LINDY PLUMBING & HEATING, INC., Plaintiff, v. SEABOARD SURETY COMPANY et al., Defendants. (Action No. 2.) OLD CASTLE PRECAST, INC., Doing Business as SPANCRETE NORTHEAST, Plaintiff, v. SEABOARD SURETY COMPANY et al., Defendants. (Action No. 3.) BYRAM CONCRETE & SUPPLY, INC., Plaintiff, v. OSBORN et al., Defendants. (Action No. 4.) EASTERN EXCAVATION, INC., Plaintiff, v. SEABOARD SURETY COMPANY, Defendant. (Action No. 5.) MIRIAM OSBORN MEMORIAL HOME ASSOCIATION, Respondent-Appellant, v. KREISLER BORG FLORMAN GENERAL CONSTRUCTION CO., INC., Appellant-Respondent, et al., Defendant. (Action No. 6.) CLASSICO BUILDING MAINTENANCE, INC., Plaintiff, v. KREISLER BORG FLORMAN GENERAL CONSTRUCTION CO., INC., Defendant. (Action No. 7.)

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

Decided July 7, 2009.

Ordered that the cross appeal from the third order entered January 9, 2008 is dismissed, as Skyline Steel Corp. is not aggrieved by the portions of the order cross-appealed from (see CPLR 5511); and it is further,

Ordered that the appeal from the fifteenth order entered January 9, 2008 is dismissed as abandoned; and it is further,

Ordered that the first order entered January 9, 2008 is affirmed insofar as appealed and cross-appealed from; and it is...

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