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FIRST KEYSTONE CONSULTANTS, INC. v. DDR CONSTRUCTION SERVICES

2009-11118.

74 A.D.3d 1135 (2010)

904 N.Y.S.2d 113

FIRST KEYSTONE CONSULTANTS, INC., et al., Plaintiffs, v. DDR CONSTRUCTION SERVICES et al., Defendants/Third-Party Plaintiffs-Appellants, et al., Defendant/Third-Party Plaintiff. SCHLESINGER ELECTRICAL CONTRACTORS, INC., et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants.

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

Decided June 22, 2010.

Ordered that the appeal by the defendants/third-party plaintiffs Clifford R. Weiner and Debbie Ann Weiner is dismissed as abandoned, without costs or disbursements; and it is further,

Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof denying that branch of the cross motion which was to appoint a referee to conduct an accounting of the third-party defendant...

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