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Esteves v. Somco Fuel, Inc.

54 N.Y.2d 993 Court N.Y. Decision date 1981-10-27 English

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p. 993
Anthony Esteves, Respondent, v Somco Fuel, Inc., Defendant and Third-Party Plaintiff-Appellant, and Heat-Timer Corp., Respondent. 163 Eastern Parkway Realty Corp., Third-Party Defendant-Appellant.
Submitted October 12, 1981;
decided October 27, 1981

Motion for leave to appeal by defendant third-party plaintiff denied as unnecessary. Motions by defendant and by

p. 994
third-party defendant for leave to appeal denied. Motion to dismiss appeals taken as of right by defendant third-party plaintiff and third-party defendant pursuant to CPLR 5601 (subd [d]) denied insofar as it seeks dismissal of the appeal taken by defendant third-party plaintiff to bring up for review the Appellate Division order dated July 3, 1978; motion otherwise granted and the remaining portions of the appeals dismissed, with $20 costs of motion, upon the ground that they do not lie as of right (see CPLR 5601, subd [d]).