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EXIT EMPIRE REALTY v. ZILELIAN

2015-04687, 2015-04707, Index No. 9886/13.

137 A.D.3d 742 (2016)

26 N.Y.S.3d 343

2016 NY Slip Op 01461

EXIT EMPIRE REALTY, Also Known as CS EMPIRE REALTY, LLC, Appellant, v. MADELINE ZILELIAN, Defendant.

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

Decided March 2, 2016.

Ordered that the appeal from the order dated April 10, 2015, is dismissed, without costs or disbursements, as no appeal lies from an order denying leave to reargue; and it is further,

Ordered that the order dated December 1, 2014, is modified, on the law, by deleting the provision thereof which, in effect, searched the record and awarded summary judgment to the defendant dismissing the complaint; as so modified, the order dated December 1, 2014, is affirmed, without...

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