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FITZPATRICK v. CHASE MANHATTAN BANK

285 A.D.2d 487 (2001)

728 N.Y.S.2d 484

IGNATIUS FITZPATRICK, Plaintiff, v. CHASE MANHATTAN BANK et al., Defendants, ADELHARDT CONSTRUCTION CORP., Appellant-Respondent, and BIORDI, INC., Defendant and Third-Party Plaintiff-Appellant-Respondent. GOLDEN VALE CONSTRUCTION CORP., Third-Party Defendant-Respondent.

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

Decided July 9, 2001.

Ordered that the appeal of Adelhardt Construction Corp. is dismissed, as that defendant is not aggrieved by the order appealed from (see, CPLR 5511); and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

Ordered that the third-party defendant is awarded one bill of costs payable by the defendant third-party plaintiff, Biordi, Inc.

The Supreme Court correctly determined that the third-party defendant met...

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