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M SQUARED NEW ROCHELLE, LLC v. G&G PROPERTIES, LLC

65 A.D.3d 1090 (2009)

885 N.Y.S.2d 516

M SQUARED NEW ROCHELLE, LLC, Respondent, v. G&G PROPERTIES, LLC, Appellant.

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

Decided September 15, 2009.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is modified, on the law, (1) by deleting the provision thereof declaring that the plaintiff is not in breach of the contract and substituting therefor a provision thereto dismissing the cause of action for a judgment declaring that the plaintiff is not in breach of the contract, (2) by adding provisions thereto declaring that the escrowee must release the $500,000 down...

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