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LITKENHAUS v. 1158 HYLAN CORP.

2008-1598 RI C.

26 Misc.3d 19 (2009)

2009 NY Slip Op 29479

891 N.Y.S.2d 859

THOMAS LITKENHAUS et al., Appellants, v. 1158 HYLAN BOULEVARD CORP., Individually and Doing Business as M&M BAGELS, et al., Respondents.

Supreme Court, Appellate Term, Second Department.

Decided November 19, 2009.

Attorney(s) appearing for the Case

Chelli & Bush and Gyimesi & Wedinger, P.C., Staten Island (Laurel A. Wedinger of counsel), for appellants.

Law Firm of Hall & Hall, LLP, Staten Island (Thomas J. Hall of counsel), for Ann Conti and another, respondents.

WESTON, J.P., RIOS and STEINHARDT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the appeal from so much of the order as granted the branch of the cross motion by defendant Alfred P. Moline, Jr., seeking summary judgment dismissing the complaint as against him is dismissed; and it is further, ordered that the order, insofar as reviewed, is reversed without costs and the branch of the motion by defendants Ann Conti and Mary Filomeno seeking...

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