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FURINO v. O'SULLIVAN

2014-03802, Index No. 23070/04.

137 A.D.3d 1208 (2016)

28 N.Y.S.3d 700

2016 NY Slip Op 02322

ANTHONY FURINO et al., Respondents, v. TIMOTHY O'SULLIVAN et al., Appellants, et al., Defendants.

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

Decided March 30, 2016.

Ordered that the appeal by the defendants O'Sullivan Builders & Developers, Inc., and Anne O'Sullivan is dismissed, as they are not aggrieved by the portion of the judgment appealed from (see CPLR 5511; Mixon v TBV, Inc., 76 A.D.3d 144, 156-157 [2010]); and it is further,

Ordered that the judgment is modified, on the law, (1) by deleting the provision thereof awarding judgment in favor of the plaintiffs and against...

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