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KINZLER v. KENNY

8 A.D.3d 627 (2004)

778 N.Y.S.2d 906

JEFFREY L. KINZLER, Respondent, v. PETER KENNY et al., Appellants.

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

June 28, 2004.

Ordered that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the provisions thereof which treated the notice of petition as a notice of motion for summary judgment and awarded summary judgment to the plaintiff...

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