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CUTLER v. THOMAS

2017-11229, Index No. 59436/13.

171 A.D.3d 860 (2019)

98 N.Y.S.3d 230

2019 NY Slip Op 02675

Albert J. Cutler et al., Plaintiffs, v. Stella J. Thomas et al., Defendants/Third-Party Plaintiffs-Appellants. Claude Staley et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant.

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

Decided April 10, 2019.

Ordered that the appeal purportedly taken by the defendant third-party plaintiff Michael P. Thomas is dismissed, without costs or disbursements, and so much of the order as granted that branch of the motion of the third-party defendants Claude Staley and 9 Cloverdale Lane Corp. which was for summary judgment dismissing the third-party complaint insofar as asserted by the defendant third-party plaintiff Michael P. Thomas against them is vacated; and it is further,

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