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SHEILA PROPERTIES, INC. v. A REAL GOOD PLUMBER, INC.

59 A.D.3d 424 (2009)

874 N.Y.S.2d 145

SHEILA PROPERTIES, INC., Respondent, v. A REAL GOOD PLUMBER, INC., et al., Defendants, and ELIZABETH KELLEHER, Appellant.

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

Decided February 3, 2009.

Ordered that the order dated December 20, 2006 is reversed, on the law, without costs or disbursements, that branch of the plaintiff's motion which was for summary judgment on the issue of damages is denied, and so much of the order dated July 21, 2006, as granted that branch of the plaintiff's motion which was for summary judgment on the issue of liability on the cause of action to recover use and occupancy is vacated; and it is further,

Ordered that the order dated...

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