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AVR ACQUISITION CORP. v. SCHORR BROTHERS DEVELOPMENT CORP.

270 A.D.2d 372 (2000)

705 N.Y.S.2d 266

AVR ACQUISITION CORP., Respondent, v. SCHORR BROTHERS DEVELOPMENT CORP. et al., Appellants, et al., Defendants.

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

Decided March 20, 2000.

Ordered that the appeals from the order are dismissed; and it is further,

Ordered that the judgment is modified by adding thereto a provision that the complaint is conformed to the proof adduced at trial; as so modified, the judgment is affirmed; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

The appeal by the defendant Schorr Brothers Development Corp. from the intermediate order must dismissed as it was not aggrieved...

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