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GONZALEZ v. MOTT HAVEN ASSOCIATES NUMBER EIGHT

265 A.D.2d 377 (1999)

696 N.Y.S.2d 829

BILLY GONZALEZ et al., Appellants, v. MOTT HAVEN ASSOCIATES NUMBER EIGHT et al., Respondents. (And a Third-Party Action.)

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

Decided October 12, 1999.

Ordered that the appeal from the order dated December 15, 1998, is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order entered June 16, 1998, is reversed, on the law, without costs or disbursements, and the motion for summary judgment is denied.

There are issues of fact as to whether the defendants had actual or constructive notice of the condition which allegedly caused the...

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