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GOLDEN MTN. INCOME, LLC v. SPENCER GIFTS, LLC

2015-09197, 2015-09198. Index No. 34071/11.

164 A.D.3d 475 (2018)

83 N.Y.S.3d 507

2018 NY Slip Op 05577

Golden Mountain Income, LLC, Appellant-Respondent, v. Spencer Gifts, LLC, Respondent-Appellant, et al., Defendants. (Appeal No. 1.) Golden Mountain Income, LLC, Respondent, v. Spencer Gifts, LLC, Appellant, et al., Defendants. (Appeal No. 2.)

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

Decided August 1, 2018.

Ordered that the appeal from the order dated July 30, 2014, and the cross appeal from the judgment are dismissed; and it is further,

Ordered that the judgment is reversed, the motion of the defendant Spencer Gifts, LLC, pursuant to CPLR 4401 for judgment as a matter of law is denied, the order dated August 11, 2015, is modified accordingly, and the matter is remitted to the Supreme Court, Rockland County, for a new trial...

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