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2M REALTY CORP. v. BOEHM

204 A.D.2d 620 (1994)

612 N.Y.S.2d 207

2m Realty Corp. et al., Respondents, v. Robert Boehm, Appellant

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

May 23, 1994

Ordered that the order is affirmed, with costs.

The Supreme Court correctly treated the plaintiffs' motion and the defendant's cross motion as motions for summary judgment. In their respective motion papers and during the arguments at the hearings on the continuation of the temporary restraining order, all of the parties sought summary judgment and submitted proof which clearly indicated that they were "`deliberately charting...

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