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  5. 256 A.D.2d 336 (1998)
 

MATTER OF ERNALEX CONSTRUCTION REALTY CORP. v. CITY OF GLEN COVE

256 A.D.2d 336 (1998)

681 N.Y.S.2d 296

In the Matter of ERNALEX CONSTRUCTION REALTY CORP., Appellant, v. CITY OF GLEN COVE et al., Respondents.

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

Decided December 7, 1998.

Ordered that the order is modified by deleting the provision thereof granting that branch of the respondents' motion which was to dismiss the second cause of action of the complaint and substituting therefor a provision denying that branch of the respondents' motion; as so modified, the order is affirmed, without costs or disbursements, the second cause of action of the complaint is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings...

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