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Lynn Prucnal, Plaintiff, v. DNG Acquisition Group, LLC, Defendant and Third-Party Plaintiff-Respondent. Greenview Landscape Co., Third-Party Defendant-Appellant

New York Supreme Court, Appellate Division2004-03-19No. Appeal No. 2
5 A.D.3d 1007773 N.Y.S.2d 330

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Opinion

majority opinion

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered November 19, 2002. The order denied the motion of third-party defendant to set aside the jury verdict.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1]). Present—Pigott, Jr., P.J., Pine, Wisner, Scudder and Kehoe, JJ.