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H.R. JAY REALTY v. GROSS

204 A.D.2d 274 (1994)

611 N.Y.S.2d 578

H.R. Jay Realty, Respondent-Appellant, v. Elliott Gross et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents. Herbert Gontar et al., Third-Party Defendants-Respondents

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

May 2, 1994

Ordered that the appeal and cross-appeal from the order dated April 10, 1992, are dismissed, without costs or disbursements; and it is further,

Ordered that the judgment is modified, on the law, by deleting therefrom the provisions which dismissed the second cause of action asserted in the third-party complaint, and the defendants' second counterclaim; as so modified, the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements...

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