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HUME v. 1 PROSPECT PARK ALF, LLC

2015-07442, 2015-07444, Index No. 505682/13.

137 A.D.3d 1080 (2016)

28 N.Y.S.3d 125

2016 NY Slip Op 02055

PHYLLIS HUME, Individually and as Executor of MABEL ELUSTONDO, Deceased, Respondent, v. 1 PROSPECT PARK ALF, LLC, Appellant.

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

Decided March 23, 2016.

Ordered that the appeal from the first order dated August 3, 2015 is dismissed, as that order was superseded by the second order dated August 3, 2015; and it is further,

Ordered that the second order dated August 3, 2015 is modified, on the facts and in the exercise of discretion, by deleting the provision thereof directing the plaintiff to submit and file a bond in the amount of $500, and substituting therefor a provision...

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