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MEGA CONSTRUCTION CORP. v. BENSON PARK ASSOCIATES, LLC

60 A.D.3d 826 (2009)

875 N.Y.S.2d 241

MEGA CONSTRUCTION CORP., Respondent, v. BENSON PARK ASSOCIATES, LLC, Appellant.

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

Decided March 17, 2009.

Ordered that the judgment is affirmed, with costs.

We agree with the defendant's contention that the Supreme Court erroneously treated its cross motion, inter alia, to vacate so much of a preliminary conference order of the same court dated August 7, 2007, as directed it to serve its answer by September 14, 2007, and to extend its time to answer as one for leave to renew and reargue. As the August 7, 2007 preliminary conference order which directed the defendant,...

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