STED TENANTS OWNERS CORP. v. CHUMPITAZ


5 A.D.3d 663 (2004)

774 N.Y.S.2d 718

STED TENANTS OWNERS CORP., Respondent, v. ALPHONSO CHUMPITAZ, Appellant, et al., Defendants.

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

March 22, 2004.


Ordered that the appeal from the order dated April 8, 2003, is dismissed, as that order was superseded by the amended order dated April 10, 2003; and it is further,

Ordered that the amended order dated April 10, 2003, is reversed insofar as appealed from, on the law, with costs, so much of the order dated April 8, 2003, as granted the plaintiff's motion for summary judgment is vacated, and the motion is denied.

The plaintiff was not entitled to summary judgment...

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