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BGW DEV. CORP. v. MOUNT KISCO LODGE NO. 1552 OF THE BENEVOLENT & PROTECTIVE ORDER OF ELKS OF THE UNITED STATE OF AM., INC.

247 A.D.2d 565 (1998)

669 N.Y.S.2d 56

BGW Development Corp., Appellant, v. Mount Kisco Lodge No. 1552 of the Benevolent and Protective Order of Elks of the United State of America, Inc., et al., Respondents

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

February 23, 1998

Ordered that the order is modified by (1) deleting the provision thereof which dismissed the second cause of action alleging breach of contract and substituting therefor a provision granting judgment in favor of the plaintiffs and against the defendant Mount Kisco Lodge No. 1552 of the Benevolent and Protective Order of Elks of the United States of America, Inc., on that cause of action, and (2) deleting the provision thereof which granted declaratory relief on the fifth...

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