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QUALBEN v. AIELLO

2007-00091, 2007-00531.

2008 NY Slip Op 06365

MARTHA QUALBEN, ETC., appellant-respondent, v. BRUNO AIELLO, ET AL., respondents-appellants, MICHAEL AIELLO, respondent.

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

Decided July 22, 2008.

Attorney(s) appearing for the Case

Gordon, Gordon & Schnapp, P.C., New York, N.Y. (Elliot Schnapp of counsel), for appellant-respondent.

Wenig Saltiel & Greene, LLP, Brooklyn, N.Y. (Marnie R. Wantuck of counsel), for respondents-appellants.

Before: STEVEN W. FISHER, J.P., DANIEL D. ANGIOLILLO, RUTH C. BALKIN, JOHN M. LEVENTHAL, JJ.

DECISION & ORDER

ORDERED that the appeal and cross appeal from the order dated August 9, 2006, are dismissed, without costs or disbursements, as that order was superseded by the order dated November 1, 2006, made upon renewal; and it is further,

ORDERED that the order dated November 1, 2006, is modified, on the law, by deleting the provision thereof, upon renewal, adhering to the original determination in the order dated August 9, 2006, denying that...

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