Ferro Fabricators, Inc. v. 1807-1811 Park Avenue Development Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Ellen M. Coin, J.), entered July 8, 2013, which granted third-party defendants-respondents’ motion to dismiss the claims against them, unanimously affirmed, without costs.
We decline third-party defendants’ request that we dismiss this appeal due to third-party plaintiffs’ alleged failure to comply with this Court’s rules for perfecting the appeal (see Rules of App Div, 1st Dept [22 NYCRR] § 600.5 [c], [d]). Because third-party defendants make this request and raise these arguments for the first time on appeal, they have acquiesced in any noncompliance…
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