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CIRILLO v. CREMONESE

283 A.D.2d 601 (2001)

725 N.Y.S.2d 554

STEVEN CIRILLO et al., Appellants, v. LOUIS CREMONESE, Respondent.

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

Decided May 29, 2001.

Ordered that the appeal is dismissed, with costs.

The provision of the order from which the appeal is taken did not decide the plaintiffs' motion for partial summary judgment, but left it pending and undecided. Accordingly, no appeal lies as of right from that portion of the order (see, CPLR 5701 [a] [2]; Nikac v Rukaj, 276 A.D.2d 537; Katz v Katz, 68 A.D.2d 536, 543), and...

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