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XAVIER CONSTRUCTION CO., INC. v. BRONXVILLE UNION FREE SCHOOL DIST.

2014-10754, Index No. 61986/14.

143 A.D.3d 976 (2016)

2016 NY Slip Op 07020

39 N.Y.S.3d 517

XAVIER CONSTRUCTION CO., INC., Appellant, et al., Plaintiffs, v. BRONXVILLE UNION FREE SCHOOL DISTRICT et al., Defendants, and TRITON CONSTRUCTION COMPANY, LLC, Respondent.

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

Decided October 26, 2016.

Ordered that the appeal from so much of the order as granted that branch of the motion of the defendant Triton Construction Company, LLC, which was for leave to amend its answer to assert the affirmative defense of lack of standing is dismissed, as the plaintiff Xavier Construction Co, Inc., is not aggrieved thereby (see CPLR 5511; Mixon v TBV, Inc., 76 A.D.3d 144 [2010]); and it...

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