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HARTOFIL v. McCOURT & TRUDDEN FUNERAL HOME INC.

57 A.D.3d 943 (2008)

871 N.Y.S.2d 299

JOHN HARTOFIL, Respondent-Appellant, v. McCOURT & TRUDDEN FUNERAL HOME, INC., Respondent, INCORPORATED VILLAGE OF FARMINGDALE, Appellant-Respondent, and F.D. CONTRACTING CORP., Respondent-Appellant.

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

December 30, 2008.

Ordered that the appeal by the defendant Incorporated Village of Farmingdale from so much of the order as granted the motion of the defendant McCourt & Trudden Funeral Home, Inc., for summary judgment dismissing the complaint insofar as asserted against it, is dismissed, without costs or disbursements, as it is not aggrieved thereby (see Carpenter v Murphy, 4 A.D.3d 318 [2004]); and it is further,

Ordered that the order...

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