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EMANUEL DEVELOPMENT CORP. v. SPRING ROAD LJR/NIBA ASSOCIATES, LLC

61 A.D.3d 631 (2009)

876 N.Y.S.2d 167

EMANUEL DEVELOPMENT CORP., Appellant, v. SPRING ROAD LJR/NIBA ASSOCIATES, LLC, et al., Respondents.

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

Decided April 7, 2009.

Ordered that the appeal from the order dated December 5, 2007 is dismissed, as the portion of the order appealed from was superseded by so much of the order dated April 15, 2008, as was made upon reargument; and it is further,

Ordered that the order dated April 15, 2008 is reversed insofar as appealed from, on the law, upon reargument, so much of the order dated December 5, 2007 as denied the plaintiff's motion for summary judgment on the complaint is vacated, the...

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