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BALDESSARI v. CAINES

61 A.D.3d 904 (2009)

878 N.Y.S.2d 159

JANET BALDESSARI, Appellant, v. ROSETTA CAINES et al., Respondents.

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

Decided April 28, 2009.

Ordered that the order dated June 26, 2007, is reversed insofar as appealed from, on the law, that branch of the cross motion which was to deny the defendants' motion for summary judgment as untimely is granted, and the order entered January 10, 2008, is vacated; and it is further,

Ordered that the appeal from the order entered January 10, 2008, is dismissed as academic in light of our determination on the appeal from the order dated June 26, 2007; and it is further...

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