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MATTER OF CASTALDO

212 A.D.2d 1004 (1995)

633 N.Y.S.2d 94

In the Matter of the Arbitration between Joseph D. Castaldo et al., Respondents, and Lloyd D. Harrington, Doing Business as Harr-Wood Nursing Home, Appellant. (Action No. 1.) Lloyd Harrington, Doing Business as Harr-Wood Nursing Home, Appellant, v. Joseph D. Castaldo et al., Respondents. (Action No. 2.) (Appeal No. 1.)

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

February 3, 1995

Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum:

Supreme Court properly granted the motions of the Castaldos for summary judgment dismissing the complaint in action No. 2, and for summary judgment on their complaint in action No. 4. Based upon the nonwaiver provision in the lease, to which the parties mutually assented, we reject the...

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