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NICOLETTI v. CITY OF NEW YORK

2009-08646, 2010-00157.

77 A.D.3d 715 (2010)

909 N.Y.S.2d 117

ANTONIO NICOLETTI et al., Plaintiffs, v. CITY OF NEW YORK, Respondent, and 42-24 235 St., LLC, Appellant, et al., Defendant.

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

Decided October 12, 2010.

Ordered that the appeal from the order dated October 22, 2009, is dismissed; and it is further,

Ordered that the appeal from so much of the order dated July 27, 2009, as granted those branches of the motion of the defendant City of New York which were for summary judgment dismissing the complaint and the cross claims of the defendant Heitz Landscape, Inc., insofar as asserted against it is dismissed, as the appellant is not aggrieved thereby (see Mixon v TBV, Inc...

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