MOUSTAKAS v. NOBLE, III


259 A.D.2d 602 (1999)

686 N.Y.S.2d 778

KOSTA J. MOUSTAKAS et al., Appellants, v. JAMES K. NOBLE, III, et al., Respondents, et al., Defendant.

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

Decided March 15, 1999.


Ordered that the order is affirmed, with costs.

The court properly granted that branch of the motion of the respondents (hereinafter the sellers) which was for summary judgment dismissing the second and fourth causes of action insofar as asserted against them. The plaintiffs failed to provide any evidence that the sellers' "actions could be found to have been a participating or contributing cause of the withholding of [the Cooperative Board's] consent" to the plaintiffs...

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