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RO & KE, INC. v. JIN-HU STEVENS

61 A.D.3d 953 (2009)

878 N.Y.S.2d 394

RO & KE, INC., Respondent, v. JIN-HU STEVENS, Appellant.

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

Decided April 28, 2009.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting the plaintiff's motion for summary judgment in lieu of complaint pursuant to CPLR 3213, and substituting therefor a provision denying the motion, and (2) by adding a provision thereto directing the plaintiff to join Hyunik Seo as a party defendant; as so modified, the order is affirmed, with costs to the defendant; and it is further,

Ordered that the time for the plaintiff...

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