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REYES v. CARROLL

2014-03009, Index No. 14478/13.

137 A.D.3d 886 (2016)

27 N.Y.S.3d 80

2016 NY Slip Op 01656

AUGUSTIN REYES et al., Appellants-Respondents, v. JOSEPH CARROLL et al., Respondents-Appellants.

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

Decided March 9, 2016.

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the order is reversed insofar as cross-appealed from, on the law, that branch of the plaintiffs' cross motion which was pursuant to CPLR 3211 (a) (7) to dismiss the second counterclaim is denied, and that branch of the defendants' motion which was to sever the second counterclaim is granted; and it is further,

Ordered that the matter is remitted to the Supreme Court...

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