General
Constance Ciardullo, Individually and as Administratrix of the Estate of John Ciardullo, Deceased, Respondent, v. Sovereign Construction Company, Ltd., et al., Respondents-Appellants, et al., Defendants, and New York Telephone Company, Appellant; Dic Underhill, a Joint Venture, Also Known as Dic Underhill Construction Company, Inc., Third-Party Plaintiff, v. Leon Marrano & Sons, Inc., Third-Party Defendant
94 A.D.2d 675·New York Supreme Court, Appellate Division·1983·NY
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Opinion
Constance Ciardullo, Individually and as Administratrix of the Estate of John Ciardullo, Deceased, Respondent, v Sovereign Construction Company, Ltd., et al., Respondents-Appellants, et al., Defendants, and New York Telephone Company, Appellant. Dic Underhill, a Joint Venture, Also Known as Dic Underhill Construction Company, Inc., Third-Party Plaintiff, v Leon Marrano & Sons, Inc., Third-Party Defendant.
[MAJORITY]
— Amended order and judgment (one paper) of Supreme Court, New York County (Allen Murray Myers, J.), entered on September 7, 1982, unanimously affirmed. Plaintiffs-respondents shall recover of appellant New York Telephone Company $75 costs and disbursements of this appeal. The appeal from the judgment of said court entered on May 12, 1982 is dismissed as having been subsumed in the appeal from the amended order and judgment entered on September 7, 1982. No opinion. Concur — Sullivan, J. P., Silverman, Lynch, Milonas and Alexander, JJ.