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MODICA v. ZERGEBEL

160 A.D.2d 689 (1990)

Louis J. Modica et al., Appellants-Respondents, v. Donald V. Zergebel et al., Respondents-Appellants

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

April 2, 1990

Ordered that on the court's own motion, the notices of appeal and cross appeal are treated as aplications for leave to appeal, the applications are referred to Justice Rubin, and leave to appeal and cross appeal is granted by Justice Rubin (CPLR 5701 [b] [1]); and it is further,

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The trial court properly...

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