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GASPARD v. BARKLY COVERAGE CORP.

65 A.D.3d 1188 (2009)

885 N.Y.S.2d 542

JEAN ROBERT GASPARD, Appellant, v. BARKLY COVERAGE CORP. et al., Defendants, and WESTINGHOUSE ELEVATOR CORP., Defendant and Third-Party Plaintiff-Respondent. NEW YORK ELEVATOR, Third-Party Defendant-Respondent.

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

September 22, 2009.

Ordered that the appeal from so much of the order as granted the cross motion of the third-party defendant for summary judgment dismissing the third-party complaint is dismissed, without costs or disbursements, as the plaintiff is not aggrieved by that portion of the order (see CPLR 5511); and it is further,

Ordered that the order is reversed insofar as reviewed, on the law, with costs, and the motion of the defendant...

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