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ANDREW v. KERENDIAN

2014-01219

130 A.D.3d 951 (2015)

13 N.Y.S.3d 847

2015 NY Slip Op 06302

EDWARD ANDREW, as Parent and Natural Guardian of MICHAEL ANDREW, an Infant, Plaintiff/Third-Party Defendant-Respondent, v. HALEH KERENDIAN, Defendant/Third-Party Plaintiff. DAWN ANDREW, Third-Party Defendant-Respondent; SEAN SABETI, P.C., Nonparty Appellant.

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

Decided July 29, 2015.

Ordered that the appeal from so much of the order as determined that the defendant/third-party plaintiff engaged in frivolous conduct within the meaning of 22 NYCRR 130-1.1 and, in effect, awarded the third-party defendants Edward Andrew and Dawn Andrew an attorney's fee in the principal sum of $4,000, payable by the defendant/third-party plaintiff, is dismissed, as the nonparty appellant is not aggrieved thereby (see CPLR 5511); and it is further,

Ordered...

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