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KANE v. PETER M. MOORE CONSTRUCTION CO., INC.

2014-03730, 2015-00202, Index No. 680/11.

145 A.D.3d 864 (2016)

2016 NY Slip Op 08508

44 N.Y.S.3d 141

STEVEN KANE et al., Respondents, v. PETER M. MOORE CONSTRUCTION CO., INC., Respondent-Appellant, and NICHOLAS SCAGLIONE, Individually and as Executor of LESLIE WANEK SCAGLIONE, Deceased, Appellant-Respondent.

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

Decided December 21, 2016.

Ordered that the appeal by the defendant Nicholas Scaglione from the order entered February 27, 2014, is dismissed, as the portion of the order appealed from by that defendant was superseded by the order entered October 15, 2014, made upon reargument; and it is further,

Ordered that the cross appeal by the defendant Peter M. Moore Construction Co., Inc., from so much of the order entered October 15, 2014, as denied its motion for leave to reargue is dismissed, as...

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