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Gallo v. Facilities Development Corp.

259 A.D.2d 1044 Court N.Y. App. Div. Decision date 1999-03-31 Docket Appeal No. 1 English

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p. 1044
Anthony Gallo, Plaintiff, v Facilities Development Corporation et al., Defendants. Facilities Development Corporation et al., Third-Party Plaintiffs-Appellants, v G-A Masonry, Third-Party Defendant-Respondent.
(Appeal No. 1.)
[689 NYS2d 902]

Appeal by third-party plaintiffs Pike/McCarthy, The Pike Company, Inc., and McCarthy Brothers Company unanimously dismissed upon stipulation and order affirmed without costs. Memorandum: Third-party plaintiff The Facilities Development Corporation did not raise the issue of its entitlement to counsel fees and disbursements in its brief. That issue is therefore deemed abandoned (see, Ciesinski v Town of Aurora, 202 AD2d 984 ). (Appeal from Order of Supreme Court, Monroe County, Lunn, J. — Summary Judgment.) Present — Denman, P. J., Green, Pine, Hayes and Hurlbutt, JJ.