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UTILITY AUDIT GROUP v. APPLE MAC & R CORP.

59 A.D.3d 707 (2009)

___ N.Y.S.2d ___

UTILITY AUDIT GROUP, Respondent-Appellant, and JOHN L. O'KELLY, Respondent, v. APPLE MAC & R CORP., Also Known as APPLE Mac & R. INC., Doing Business as MacMENAMIN'S PUB, et al., Appellants-Respondents.

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

Decided February 24, 2009.

Ordered that the defendants' appeal from so much of the order as denied their motion for summary judgment dismissing the first, second, and seventh causes of action is dismissed, without costs or disbursements; and it is further,

Ordered that the cross appeal is dismissed, without costs or disbursements; and it is further,

Ordered that the order is affirmed insofar as reviewed, without costs or disbursements.

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