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BARKAN v. NEW YORK SCHOOLS INS. RECIPROCAL

65 A.D.3d 1061 (2009)

MICHAEL BARKAN et al., Respondents, v. NEW YORK SCHOOLS INSURANCE RECIPROCAL, Defendant and Third-Party Plaintiff-Appellant-Respondent. ROSLYN PUBLIC SCHOOLS et al., Third-Party Defendants-Respondents-Appellants; ASENATH ANDERSON, Third-Party Defendant-Respondent, et al., Third-Party Defendants.

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

Decided September 15, 2009.

Ordered that the appeal and the cross appeals from the decision are dismissed, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 A.D.2d 509 [1984]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the third-party defendant Carol Margaritis which was for an award of an attorney's fee and costs and substituting...

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