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HEATHER ASSOCS. v. LEVITZ

224 A.D.2d 258 (1996)

637 N.Y.S.2d 407

Heather Associates, Appellant, v. Howard Levitz, Respondent

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

February 8, 1996

This Court's previous order in a related action, Heather Assocs. v Fellner (214 A.D.2d 447), is dispositive of this appeal. In the prior action, the subject of which was the same transaction that plaintiff's principal is now seeking to set aside for at least the third time, we unanimously affirmed the order of the IAS Court explicitly finding that the period during which plaintiff was under the control of a temporary receiver did...

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