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114 WOODBURY REALTY, LLC v. 10 BETHPAGE RD., LLC

2016-12378. Index No. 1878/14.

178 A.D.3d 757 (2019)

114 N.Y.S.3d 100

2019 NY Slip Op 08813

114 Woodbury Realty, LLC, et al., Appellants, v. 10 Bethpage Rd., LLC, et al., Respondents, et al., Defendants.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Albanese & Albanese LLP, Garden City, NY (Diana C. Prevete of counsel), for appellants-respondents.

The Law Firm of Elias C. Schwartz, PLLC, Great Neck, NY (Michelle C. Englander of counsel), for respondents-appellants.

Scheinkman, P.J., Chambers, Duffy and Brathwaite Nelson, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendants 10 Bethpage Rd., LLC, 50 Bethpage Rd., LLC, Ralph G. Potente, and Ralph J. Potente which was for summary judgment dismissing the second, third, fourth, fifth, and sixth causes of action insofar as asserted against them, and substituting therefor a provision granting that branch of those defendants' motion; as so modified, the order is affirmed...

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