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DISCHIAVI v. CALLI

1455 CA 09-00803

68 A.D.3d 1694 (2009)

2009 NY Slip Op 9775

890 N.Y.S.2d 842

GARY M. DISCHIAVI et al., Appellants, v. WILLIAM S. CALLI et al., Defendants, and ANDREW S. KOWALCZYK et al., Respondents. (Appeal No. 4.)

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

Decided December 30, 2009.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the cross motion in part and reinstating the second and third causes of action against defendants Andrew S. Kowalczyk, Joseph Stephen Deery, Jr., and Calli, Kowalczyk, Tolles, Deery and Soja and as modified the judgment is affirmed without costs.

Same memorandum as in Dischiavi v Calli ([appeal No. 2]

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