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FRAZZETTA v. P.C. CELANO CONTRACTING

54 A.D.3d 806 (2008)

864 N.Y.S.2d 482

JOSEPH FRAZZETTA et al., Appellants-Respondents, v. P.C. CELANO CONTRACTING et al., Respondents-Appellants, and PETER CAVASINNI, Respondent.

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

September 16, 2008.

Ordered that the order dated July 20, 2007 is affirmed insofar as appealed from; and it is further,

Ordered that the order dated July 20, 2007 is reversed insofar as cross-appealed from, on the law and in the exercise of discretion, that branch of the defendants' cross motion which was pursuant to CPLR 3216 to dismiss the first cause of action to recover damages for breach of contract for failure to prosecute insofar as...

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