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REALTY v. VANDERVEER-OAKDALE ASSOCIATES

265 A.D.2d 384 (1999)

696 N.Y.S.2d 842

MARTELL REALTY, Appellant-Respondent, v. VANDERVEER-OAKDALE ASSOCIATES et al., Respondents-Appellants.

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

Decided October 12, 1999.

Ordered that the appeal is dismissed for failure to perfect the same in accordance with the rules of this Court (see, 22 NYCRR 670.8 [c], [e]); and it is further,

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

Ordered that the plaintiff is awarded one bill of costs.

Contrary to the defendants' contentions, the Supreme Court providently exercised its discretion when, in granting the defendants' motion to...

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