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MARTINEZ v. ASHLEY APTS CO., LLC

2009-10552.

80 A.D.3d 734 (2011)

915 N.Y.S.2d 620

MARIA MARTINEZ, as Executor of VICTOR MARTINEZ, Deceased, Appellant-Respondent, v. ASHLEY APTS CO., LLC, et al., Defendants/Third-Party Plaintiffs-Respondents. P & G CONSTRUCTION CORP., Third-Party Defendant-Respondent-Appellant.

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

Decided January 25, 2011.

Ordered that the cross appeal by the third-party defendant is dismissed, as the third-party defendant is not aggrieved by the order cross-appealed from (see CPLR 5511); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the respective cross motions of the defendants/third-party plaintiffs and the third-party defendant which were for summary judgment dismissing the plaintiff's cause...

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