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PLEASANTVILLE v. FOOD & GAS

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36 Misc.3d 30 (2012)

948 N.Y.S.2d 820

2012 NY Slip Op 22120

ONE PLEASANTVILLE ROAD, LLC, Respondent-Appellant, v. PLEASANTVILLE FOOD AND GAS, INC., Appellant-Respondent. DAKHIL EL JAMAL, Nonparty Appellant.

Supreme Court, Appellate Term, Second Department, 9th and 10th Judicial Districts.

April 27, 2012.

Attorney(s) appearing for the Case

Law Offices of Robert G. Del Gadio, East Meadow ( Robert G. Del Gadio of counsel), for respondent-appellant. Law Offices of Albert J. Pirro, Jr., White Plains ( Albert J. Pirro, Jr. , of counsel), for appellant-respondent and nonparty appellant.

LACAVA and IANNACCI, JJ., concur; NICOLAI, P.J., taking no part.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the appeal and cross appeal from the decision are dismissed as no appeal lies from a decision (UJCA 1702; see Greenfield v Tassinari, 8 A.D.3d 529 [2004]); and it is further, ordered that so much of the appeal from the final judgment as is by nonparty Dakhil El Jamal is dismissed, as he is not aggrieved thereby (see CPLR 5511); and it is further, ordered that...

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