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CRUZ v. 1142 BEDFORD AVENUE, LLC

2018-08751. Index No. 505075/13.

192 A.D.3d 859 (2021)

2021 NY Slip Op 08220

Maximo Cruz et al., Respondents-Appellants, v. 1142 Bedford Avenue, LLC, et al., Appellants-Respondents, and 2 Big Meadow Lane, LLC, Respondent, et al., Defendant. (And a Third-Party Action.).

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

Decided March 17, 2021.

Attorney(s) appearing for the Case

Hannum Feretic Prendergast & Merlino, LLC, New York, NY ( Steven R. Dyki of counsel), for appellants-respondents.

Silberstein, Awad & Miklos, P.C., Garden City, NY ( Susan B. Eisner of counsel), for respondents-appellants.

Raven & Kolbe, LLP, New York, NY ( John J. Phelan of counsel), for respondent.

Austin, J.P., Miller, LaSalle and Barros, JJ., concur.

Ordered that the appeal by the defendants 1142 Bedford Avenue, LLC, and J. Vasquez Meat Corp. from so much of the order as granted that branch of the motion of the defendant 2 Big Meadow Lane, LLC, which was for summary judgment dismissing the complaint insofar as asserted against it is dismissed, as they are not aggrieved by that portion of the order (see CPLR 5511; Mixon v TBV, Inc., 76 A.D.3d 144, 156-157 [2010]); and it...

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