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STRAUSS v. R & K ENVIRONMENTAL

2008-11544, 2009-01418.

66 A.D.3d 766 (2009)

887 N.Y.S.2d 192

2009 NY Slip Op 7399

FRANK STRAUSS et al., Appellants, v. R & K ENVIRONMENTAL et al., Respondents.

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

Decided October 13, 2009.

Ordered that the appeal from so much of the order dated December 9, 2008, as granted the defendants' motion for summary judgment on the fourth counterclaim to recover rent and for an order pursuant to CPLR 5107 to direct the Sheriff of Dutchess County to convey the subject premises to the defendants is dismissed; and it is further,

Ordered that the order dated December 9, 2008, is reversed insofar as reviewed, on the law, and the plaintiffs' cross motion to vacate...

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