Ordered that the appeal from so much of the second order entered November 8, 2004 as granted that branch of the motion of the defendant Peco, Inc., which was, in effect, pursuant to CPLR 3024 (b) to strike certain prejudicial matter contained in the fourth amended complaint is dismissed, as no appeal lies as of right (see CPLR 5701 [b] [3]; O'Callaghan v. Stepfamily Found.,
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