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MICHAELS v. SUNRISE BLDG. & REMODELING, INC.

2008-04484.

2009 NY Slip Op 06411

DAVID MICHAELS, ET AL., appellants, v. SUNRISE BUILDING AND REMODELING, INC., ET AL., respondents.

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

Decided September 8, 2009.

Attorney(s) appearing for the Case

Herbert G. Pitkowsky, Oceanside, N.Y., for appellants.

Lubinsky & Kessler, New Hampton, N.Y. (Leonard Kessler of counsel), for respondent Sunrise Building and Remodeling, Inc. Whiteman & Frum, Elmsford, N.Y. (Paul S. Zilberfein of counsel), for respondent United Rockland Stairs, Inc.

Before: Reinaldo E. Rivera, J.P., Peter B. Skelos, Ruth C. Balkin, John M. Leventhal, JJ.

DECISION & ORDER

ORDERED that the order is modified, on the law and in the exercise of discretion, by deleting the provision thereof granting the motion of the defendant Sunrise Building and Remodeling, Inc., to dismiss the complaint pursuant to CPLR 3216 and substituting therefor a provision denying that motion; as so modified, the order is affirmed, with one bill of costs to the plaintiffs payable by the defendant Sunrise Building and Remodeling, Inc., and...

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