NEW YORK TILE WHOLESALE CORP. v. THOMAS FATATO REALTY CORP.


13 A.D.3d 425 (2004)

785 N.Y.S.2d 341

NEW YORK TILE WHOLESALE CORP., Appellant, v. THOMAS FATATO REALTY CORP. et al., Respondents.

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

December 13, 2004.


Ordered that the order dated May 15, 2003, is modified, on the law, by deleting the provision thereof granting the cross motion and substituting therefor a provision (1) denying the cross motion and (2) granting leave to renew the motion and/or the cross motion upon completion of discovery; as so modified, the order dated May 15, 2002, is affirmed, without costs or disbursements, and the first, second, and third causes of action are reinstated; and it is further,

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