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CAPPUCCILLI, SR. v. KRUPP EQUITY LIMITED PARTNERSHIP

269 A.D.2d 822 (2000)

702 N.Y.S.2d 736

PETER L. CAPPUCCILLI, SR., et al., Appellants, v. KRUPP EQUITY LIMITED PARTNERSHIP, Respondent.

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

Decided February 16, 2000.

Order unanimously reversed on the law with costs, motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint. The evidence, viewed in the light most favorable to the nonmoving party (see, Weiss v Garfield, 21 A.D.2d 156, 158), establishes that defendant advised plaintiff Peter L. Cappuccilli, Sr. that it was interested in selling...

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