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TOBIO v. BOSTON PROPERTIES INC.

54 A.D.3d 1022 (2008)

864 N.Y.S.2d 172

FRANCISCO TOBIO et al., Plaintiffs, v. BOSTON PROPERTIES, INC., et al., Defendants and Third-Party Plaintiffs-Appellants. ONE SOURCE HUDSON SHATZ et al., Third-Party Defendants-Respondents.

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

September 30, 2008.

Ordered that the appeal from the order dated June 5, 2006, is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

Ordered that the appeal from the order dated February 10, 2006, is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, the third-party defendants' motion pursuant to CPLR 4401 for judgment as a matter of law is denied, the third-party complaint is reinstated...

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