SACCONE v. ELM HILL PLAZA, LLC


5 A.D.3d 1028 (2004)

773 N.Y.S.2d 711

MARY LOU SACCONE, Respondent, v. ELM HILL PLAZA, LLC, Appellant and Third-Party Plaintiff. GREG GOWER et al., Doing Business as "A LADY'S PLACE," Third-Party Defendants-Appellants.

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

March 19, 2004.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Defendant-third-party plaintiff (defendant) and third-party defendants each appeal from an order granting those parts of plaintiff's motion seeking recusal and vacatur of Supreme Court's prior decision on the parties' respective motion and cross motions seeking summary judgment. The parties do not challenge the court's recusal, but disagree...

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