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WESTERN BEEF MARINERS HARBOR, LLC v. VORNADO FOREST PLAZA, LLC

61 A.D.3d 745 (2009)

877 N.Y.S.2d 379

WESTERN BEEF MARINERS HARBOR, LLC, Appellant-Respondent, v. VORNADO FOREST PLAZA, LLC, Defendant, and GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., Respondent-Appellant.

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

Decided April 14, 2009.

Ordered that the appeal by the plaintiff from the order entered April 25, 2008 is dismissed as abandoned (see 22 NYCRR 670.8 [e]); and it is further,

Ordered that the order dated December 31, 2007 is affirmed insofar as appealed from; and it is further,

Ordered that the order entered April 25, 2008 is reversed insofar as cross-appealed from, on the law and in the exercise of discretion, and the cross motion of the defendant Great Atlantic & Pacific...

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