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LINROC ENTERS., INC. v. 1359 BROADWAY ASSOCS.

184 A.D.2d 309 (1992)

Linroc Enterprises, Inc., Respondent, v. 1359 Broadway Associates, Appellant

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

June 11, 1992

The predecessor IAS Judge rendered a decision granting in part plaintiff's motion for summary judgment. For some five months thereafter, neither party settled an order. Plaintiff explained that it had expected its adversary to react to the order by serving a new notice to cure without the procedural defect that was the basis for the partial grant of summary judgment, and also pointed out that neither party had solely prevailed....

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