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CLARK v. GREAT ATLANTIC & PACIFIC TEA COMPANY, INC.

60 A.D.3d 887 (2009)

875 N.Y.S.2d 274

TERENCE CLARK, Plaintiff, v. GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., Respondent, and CITY OF WHITE PLAINS, Appellant. (And a Third-Party Action.)

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

Decided March 24, 2009.

Ordered that the appeal from so much of the order as granted that branch of the motion of the defendant Great Atlantic & Pacific Tea Company, Inc., which was for summary judgment dismissing the complaint insofar as asserted against it is dismissed, as the appellant is not aggrieved by that portion of the order (see CPLR 5511); and it is further,

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

Ordered that one bill of costs...

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