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SMITHTOWN, L.L.C. v. LUCILLE ROBERTS FIGURE SALONS, INC.

277 A.D.2d 439 (2000)

716 N.Y.S.2d 693

R.D. SMITHTOWN, L. L. C., Formerly Known as ALRON REALTY ASSOCIATES, L. L. C., Respondent, v. LUCILLE ROBERTS FIGURE SALONS, INC., et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 27, 2000.

Ordered that the appeal from the order entered March 19, 1999, is dismissed, without costs or disbursements, as the portion of the order appealed from is not appealable as of right and the defendants did not seek leave to appeal; and it is further,

Ordered that the order dated October 8, 1999, is modified, on the law, by deleting therefrom the provision denying that branch of the defendants' motion which was to vacate the...

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