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BENEDICT v. WHITMAN BREED ABBOTT & MORGAN

2009-00953, 2009-03919.

77 A.D.3d 870 (2010)

910 N.Y.S.2d 474

PATRICIA E. BENEDICT et al., Appellants-Respondents, v. WHITMAN BREED ABBOTT & MORGAN et al., Defendants, LOUIS I. AMADUCCI, Defendant-Respondent, and RICHARD A. PIEMONTE, Defendant/Third-Party Plaintiff-Respondent. PATRICK J. CARR, as Executor of ELENA DUKE BENEDICT, Deceased, Third-Party Defendant-Respondent-Appellant.

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

Decided October 26, 2010.

Ordered that on the Court's own motion, the notices of appeal and cross appeal from the decision entered December 9, 2008, are deemed premature notices of appeal and cross appeal from the order dated December 22, 2008 (see CPLR 5520 [c]); and it is further,

Ordered that the cross appeal from the order dated December 22, 2008, is dismissed, as the third-party defendant is not aggrieved by the portion of the order cross...

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