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JACOME v. 55 WEST 42ND STREET ASSOCIATES

297 A.D.2d 360 (2002)

746 N.Y.S.2d 601

FREDDY JACOME, Respondent, v. 55 WEST 42ND STREET ASSOCIATES et al., Respondents, CONCEPT AIR CONDITIONING & REFRIGERATION, INC., Appellant-Respondent, and HOME BOX OFFICE, INC., Respondent-Appellant.

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

Decided August 26, 2002.

Ordered that the cross appeal by the defendant Home Box Office, Inc., is dismissed as withdrawn, without costs or disbursements; and it is further,

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

There are issues of fact requiring the denial of summary...

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