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KEANEY v. CITY OF NEW YORK

63 A.D.3d 794 (2009)

881 N.Y.S.2d 143

MICHAEL KEANEY, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided June 9, 2009.

Ordered that the appeal by the defendant City of the New York is dismissed, as that defendant is not aggrieved by the judgment appealed from (see CPLR 5511); and it is further,

Ordered that the judgment is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, those branches of the motion of the defendants New York City Board of Education and New York City School Construction Authority which were pursuant to CPLR 4404...

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