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  5. 176 A.D.2d 708 (1991)
 

MIDDLE VILL. ASSOCS. v. VERTICAL INDUS. PARK ASSOCS.

176 A.D.2d 708 (1991)

Middle Village Associates, Appellant-Respondent, v. Vertical Industrial Park Associates, Respondent-Appellant

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

October 7, 1991

Ordered that the appeal and cross appeal from the order dated March 22, 1991, are dismissed, without costs or disbursements, as that order was superseded by the amended order dated April 3, 1991, and it is further,

Ordered that the amended order dated April 3, 1991 is modified, as a matter of discretion, by (1) deleting the provision thereof requiring the plaintiff to pay the defendant arrears in the sum of $218,291.62, and substituting a provision requiring the plaintiff...

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