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UNITED CAPITAL CORP. v. 183 LORRAINE STREET ASSOCIATES

259 A.D.2d 694 (1999)

686 N.Y.S.2d 710

UNITED CAPITAL CORP., Respondent, v. 183 LORRAINE STREET ASSOCIATES et al., Defendants, and FRENCH BOUREKAS, MINC., Appellant. (Action No. 1.) 183 LORRAINE STREET ASSOCIATES et al., Plaintiffs, v. METROPOLITAN CONSOLIDATED INDUSTRIES, INC., Respondent, ATTILIO F. PETROCELLI et al., Defendants, and JOSEPH FISCHER et al., Nonparty Appellants. (Action No. 2.)

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

Decided March 22, 1999.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is denied; and it is further,

Ordered that on the Court's own motion, its decision and order in the above-entitled matter is amended by deleting from the last sentence thereof the words "the motion was properly denied", and substituting therefor the words "the order, which was entered on March 25, 1997, was properly...

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