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  5. 194 A.D.2d 711 (1993)
 

FIRST DEV. CORP. v. DELCO PLAINVIEW REALTY ASSOCS.

194 A.D.2d 711 (1993)

600 N.Y.S.2d 105

First Development Corporation, Appellant, v. Delco Plainview Realty Associates et al., Respondents

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

June 21, 1993

Ordered that the order is modified, on the law, by deleting the provision thereof awarding the defendant Delco Development Company of Hicksville summary judgment, and substituting therefor a provision denying Delco Development Company of Hicksville summary judgment; as so modified, the order is affirmed, without costs or disbursements.

The plaintiff contends that the Supreme Court erred in awarding summary judgment to Delco Development Company of Hicksville (hereinafter...

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