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LUTIN v. SAP V/A ATLAS 845 WEA ASSOCIATES NF LLC

5397, 114393/10.

157 A.D.3d 466 (2018)

66 N.Y.S.3d 439

2018 NY Slip Op 00103

MICHAEL LUTIN, Appellant, v. SAP V/A ATLAS 845 WEA ASSOCIATES NF LLC et al., Respondents, et al., Defendants.

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

Decided January 9, 2018.

Plaintiff's failure to serve defense counsel Rosenberg & Estis, P.C., with a copy of the notice of appeal is not fatal to his appeal. The notice of appeal indicates that it was served on defense cocounsel Frenkel Lambert Weiss Weisman & Gordon, LLP, which firm, as defendants' own submissions demonstrate, also represented defendants in this litigation.

Since the notice of appeal limited the appeal to the parts of the order that dismissed the negligence claim...

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