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MAIMONIDES MED. CTR. v. CYNLIP BORO PARK ASSOCS.

231 A.D.2d 691 (1996)

647 N.Y.S.2d 843

Maimonides Medical Center, Respondent, v. Cynlip Boro Park Associates, Appellant, Solomon Lipper et al., Defendants, and Tomas Greenberger, Respondent. (Action No. 1.) Rivpen Realty Corp., Appellant, v. Cynlip Boro Park Associates, Third-Party Plaintiff-Appellant, et al., Defendants, and Maimonides Medical Center et al., Respondents. (Action No. 2.)

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

September 30, 1996

Ordered that the judgment is reversed insofar as appealed from, with costs, and (1) the words "counterclaims and" are deleted from subparagraph (b) of the first decretal paragraph, (2) the words "except for the fifth cause of action" are added to subparagraph (c) of the first decretal paragraph, and (3) the words "Cynlip, Rivpen" are deleted from the second and sixth lines of the second decretal paragraph, and the matter is remitted to the Supreme Court, Kings County, for...

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