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S. NICOLIA & SONS REALTY CORP. v. A.J.A. CONCRETE READY MIX, INC.

2013-08447, Index No. 1794/08.

137 A.D.3d 994 (2016)

30 N.Y.S.3d 636

2016 NY Slip Op 01822

S. NICOLIA & SONS REALTY CORP., Appellant, v. A.J.A. CONCRETE READY MIX, INC., Doing Business as AJA CONCRETE, INC., et al., Respondents.

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

Decided March 16, 2016.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is granted, and upon reargument, the decision and order of this Court dated July 29, 2015 (S. Nicolia & Sons Realty Corp. v A.J.A. Concrete Ready Mix, Inc., 130 A.D.3d 1004 [2015]) is recalled and vacated, and the following decision and order is substituted therefor:

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