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EMPIRE ENTERPRISES I.J.J.A., INC. v. DAIMLER BUSES OF NORTH AMERICA, INC.

2017-00513, Index No. 7935/09.

172 A.D.3d 819 (2019)

101 N.Y.S.3d 70

2019 NY Slip Op 03570

Empire Enterprises I.J.J.A., Inc., Appellant, v. Daimler Buses of North America, Inc., et al., Respondents. (And a Third-Party Action.)

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

Decided May 8, 2019.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants' contention that the appeal must be dismissed for failure to comply with CPLR 5526 is without merit (cf. P.B. #7, LLC v 231 Fourth Ave. Lyceum, LLC, 167 A.D.3d 1028 [2018]; Reyes v Eleftheria Rest. Corp., 162 A.D.3d 808 [2018]; Matter of Lynch,<...

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