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JOHN P. TILDEN, LTD. v. PROFETA & EISENSTEIN

236 A.D.2d 292 (1997)

654 N.Y.S.2d 10

John P. Tilden, Ltd., Appellant, v. Profeta & Eisenstein et al., Respondents

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

February 20, 1997

Plaintiff's contention that had defendants timely served on opposing counsel plaintiff's motion in the underlying action for leave to appeal to the Court of Appeals (Nestor v John P. Tilden, Ltd., 175 A.D.2d 43, lv dismissed 79 N.Y.2d 849), the Court of Appeals would have granted leave to appeal and reversed this Court's unanimous affirmance, and that a retrial of the issue of damages would...

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