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PEARSAL PROPS. CORP. v. ARZINA REALTY CORP.

139 A.D.2d 638 (1988)

Pearsal Properties Corp., Appellant, v. Arzina Realty Corp. et al., Defendants, and Al Porat et al., Respondents

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

April 18, 1988

Ordered that the order is modified, on the law and as a matter of discretion, by deleting the provision thereof which, upon converting that branch of the defendants' motion which was to dismiss the complaint for failure to state a cause of action into a motion for summary judgment, granted summary judgment in favor of the defendants Al Porat, David C. Reback and Joel A. Reback, and substituting therefor a provision granting that branch of the motion which was for an order...

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