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ARTS4ALL, LTD. v. HANCOCK

12 N.Y.3d 846 (2009)

ARTS4ALL, LTD., Appellant, et al., Plaintiff, v. JUDITH L. HANCOCK, Respondent and Counterclaim Plaintiff-Respondent, et al., Additional Counterclaim Defendants.

Court of Appeals of New York.

Decided May 12, 2009.

Attorney(s) appearing for the Case

Zachary R. Greenhill, P.C., New York City (Zachary R. Greenhill of counsel), for appellant.

Trachtenberg Rodes & Friedberg LLP, New York City (David G. Trachtenberg of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs, and the certified question not answered as unnecessary.

The courts below applied the correct legal standards, properly considered all the facts and circumstances of the case, and did not abuse their discretion in dismissing plaintiffs' remaining cause of action pursuant to CPLR...

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