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FELIPE v. 2820 WEST 36TH STREET REALTY CORP.

7 A.D.3d 483 (2004)

775 N.Y.S.2d 572

EUSTORGIO FELIPE ET AL., Appellants, v. 2820 WEST 36TH STREET REALTY CORP., Respondent.

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

May 3, 2004.

Ordered that the order is modified, on the law and as a matter of discretion, by deleting the provision thereof granting the motion to dismiss the complaint and to vacate the notice of pendency, and substituting therefor a provision denying the motion; as so modified, the order is affirmed, with costs to the plaintiffs.

While the nature and degree of the penalty to be imposed pursuant to CPLR 3126 is generally a matter left...

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