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SUNRISE HARBOR REALTY, LLC v. 35th SUNRISE CORP.

2010-00237, 2010-00238.

86 A.D.3d 562 (2011)

927 N.Y.S.2d 145

2011 NY Slip Op 5956

SUNRISE HARBOR REALTY, LLC, Respondent, v. 35th SUNRISE CORP., Appellant, and AMERADA HESS CORPORATION et al., Defendants. (And a Third-Party Action.).

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

Decided July 12, 2011.

Ordered that the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 A.D.2d 509 [1984]); and it is further,

Ordered that the judgment is reversed insofar as appealed from, on the law and the facts, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for a new trial...

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