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AYER v. SKY CLUB, INC.

70 A.D.2d 863 (1979)

Frederick B. Ayer, Appellant-Respondent, v. Sky Club, Inc., Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 28, 1979

Modified, on the law, to the extent of reversing the grant of plaintiff's motion for summary judgment dismissing defendant's counterclaim, plaintiff's motion for summary judgment is denied and the grant to plaintiff of costs and disbursements is vacated, and, as so modified, affirmed, without costs and disbursements.

At the outset, it is noted that in moving for summary judgment relief pursuant to CPLR 3212, the parties did...

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