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32ND AVENUE LLC v. ANGELO HOLDING CORP.

2014-02937, 2014-09778, Index No. 473/06.

134 A.D.3d 696 (2015)

20 N.Y.S.3d 420

2015 NY Slip Op 08824

32ND AVENUE LLC, Appellant, v. ANGELO HOLDING CORP. et al., Defendants, HIGGINS AVE., LLC, Defendant/Third-Party Plaintiff-Respondent, and IMANUEL PIROOZIAN et al., Respondents. MICHAEL G. PSAROS, Also Known as MICHAEL PSAROS and Another, Third-Party Defendant-Respondent.

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

Decided December 2, 2015.

Ordered that the order dated January 16, 2014, is modified, on the law, by deleting the provision thereof, upon reargument, determining that all of the items set forth in the notice to admit were deemed admitted, and substituting therefor a provision, upon reargument, determining that only item Nos. 6 and 7 of the notice to admit were deemed admitted; as so modified, the order is affirmed insofar as appealed from, and the order dated September 2, 2014, is vacated; and it...

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