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STERLING VISION, INC. v. JOEL

279 A.D.2d 568 (2001)

719 N.Y.S.2d 685

STERLING VISION, INC., Appellant-Respondent, v. LARRY JOEL et al., Respondents-Appellants.

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

Decided January 22, 2001.

Ordered that the order is reversed insofar as appealed from, on the law, the motion is granted, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith; and it is further,

Ordered that the order is affirmed insofar as cross-appealed from; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

Contrary to the defendants' contention, the Supreme Court providently exercised its discretion...

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