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MARCELLA & CO., INC. v. AVON PRODUCTS, INC.

282 A.D.2d 718 (2001)

724 N.Y.S.2d 192

MARCELLA & CO., INC., et al., Appellants, v. AVON PRODUCTS, INC., Respondent. (Action No. 1.) GERRY BAXTER et al., Appellants, v. AVON PRODUCTS, INC., Respondent. (Action No. 2.)

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

Decided April 30, 2001.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 A.D.2d 509); and it is further,

Ordered that the orders are affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

We agree with the Supreme Court that the plaintiffs in both actions failed to state a cause of action to recover damages for breach...

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