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EDIONWE v. HUSSAIN

7 A.D.3d 751 (2004)

777 N.Y.S.2d 520

NOSA EDIONWE, JR., et al., Appellants, v. DELWAR HUSSAIN, Doing Business as DEL ASSOCIATES, Respondent. ROBERT TROP, Nonparty Respondent.

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

May 24, 2004.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

Ordered that the branches of the motion which are for clarification and for leave to appeal to the Court of Appeals are denied; and it is further,

Ordered that the branch of the motion which is for leave to reargue the appeal is granted to the extent that the decision and order of this Court dated October 6, 2003, is recalled and vacated, and the following decision...

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