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McNAMARA v. GUSMAR ENTERS., LLC

2020-02692. Index No. 11364/11.

204 A.D.3d 784 (2022)

164 N.Y.S.3d 509

2022 NY Slip Op 02403

Kevin T. McNamara et al., Respondents, v. Gusmar Enterprises, LLC, et al., Appellants, and Metal Monk Ltd, Respondent, et al., Defendants. (And a Third-Party Action.).

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

Decided April 13, 2022.

Attorney(s) appearing for the Case

Mulholland Minion Davey McNiff & Beyrer, Williston Park, NY (Robert A. Seeman and Eric N. Bailey of counsel), for appellants.

Lewis Johs Avallone Aviles, LLP, Islandia, NY (John B. Saville of counsel), for defendant-respondent.

LaSalle, P.J., Connolly, Iannacci and Wooten, JJ., concur.

Ordered that the appeal is dismissed, without costs or disbursements, as the defendants Gusmar Enterprises, LLC, and Gusmar Realty Corp. are not aggrieved by the portion of the order appealed from (see CPLR 5511; Mixon v TBV, Inc., 76 A.D.3d 144 [2010]).

The background facts of this action are set forth in our decision and order on a related appeal (see McNamara v Gusmar...

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