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OWL HOMES OF FREDONIA, INC. v. MURPHY

201 A.D.2d 917 (1994)

607 N.Y.S.2d 513

Owl Homes of Fredonia, Inc., Appellant-Respondent, v. Robert L. Murphy, Sr., et al., Individually and Doing Business as Gypsum Mills Estates, Respondents-Appellants

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

February 4, 1994

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We affirm the dismissal of plaintiff's first, third, fourth, fifth, sixth and part of the seventh causes of action for reasons stated in the decision at Supreme Court. Supreme Court erred, however, in denying the motion for summary judgment insofar as it sought dismissal of the second and the remaining part of...

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