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EAST END CHRISTIAN ACADEMY v. LONG ISLAND KITCHENS, INC.

304 A.D.2d 523 (2003)

756 N.Y.S.2d 881

EAST END CHRISTIAN ACADEMY, Respondent, v. LONG ISLAND KITCHENS, INC., et al., Appellants, et al., Defendant.

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

Decided April 7, 2003.

Ordered that the appeal from the order dated April 25, 2002, is dismissed, as that order was superseded by the order dated October 10, 2002; and it is further,

Ordered that the order dated October 10, 2002, is affirmed insofar as reviewed; and it is further,

Ordered that one bill of costs is awarded to the plaintiff, payable by the appellants personally.

The Surrogate's Court providently exercised its discretion in denying the appellants' cross motion...

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