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J & D EINBINDER ASSOCS., INC. v. ICC PERFORMANCE 3 LTD. P'SHIP

242 A.D.2d 366 (1997)

661 N.Y.S.2d 287

J & D Einbinder Associates, Inc., et al., Respondents-Appellants, v. ICC Performance 3 Limited Partnership, Respondent, and Key Bank of Southeastern New York, N. A., Appellant-Respondent

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

August 25, 1997

Ordered that the appeal and cross appeal from the order and judgment are dismissed, as that order and judgment was superseded by the amended order and judgment; and it is further,

Ordered that the amended order and judgment is affirmed insofar as appealed and cross-appealed from; and it is further,

Ordered that the defendant ICC Performance 3 Limited Partnership is awarded one bill of costs payable by the plaintiffs and the defendant Key Bank of Southeastern...

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