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SKEK ASSOCIATES v. BENENSON

293 A.D.2d 737 (2002)

744 N.Y.S.2d 421

SKEK ASSOCIATES, Respondent, v. ESTHER BENENSON et al., Appellants. (Action No. 1.) ESTHER BENENSON et al., Appellants, v. SKEK ASSOCIATES, Respondent. (Action No. 2.)

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

Decided April 29, 2002.

Ordered that the appeal from the order dated April 4, 2000, is dismissed, without costs or disbursements, as that order was superseded by a judgment entered December 29, 2000; and it is further,

Ordered that the order dated June 23, 2000, is modified, on the law, by deleting the provision thereof denying the appellants' motion to dismiss the complaint, and substituting therefor a provision granting that motion to the extent that the second and third causes of action...

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