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DUNN v. BANCORP

286 A.D.2d 701 (2001)

730 N.Y.S.2d 150

PETER J. DUNN, Plaintiff, v. SMITHTOWN BANCORP, Sued Herein as BANK OF SMITHTOWN, Defendant and Third-Party Plaintiff-Appellant. KRIEG CUSTOM BUILDERS, INC., Third-Party Defendant-Respondent.

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

Decided September 17, 2001.

Ordered that the appeal from the order dated September 7, 2000, is dismissed, as that order was superseded by the order dated February 1, 2001, made upon reargument and renewal; and it is further,

Ordered that the order dated February 1, 2001, is affirmed insofar as appealed from; and it is further,

Ordered that the respondent is awarded one bill of costs.

The plaintiff Peter J. Dunn allegedly was injured after falling from either a ladder or scaffolding...

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