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CHATEAU RIVE CORP. v. ENCLAVE DEVELOPMENT ASSOCIATES

22 A.D.3d 447 (2005)

802 N.Y.S.2d 211

CHATEAU RIVE CORP., Respondent-Appellant, v. ENCLAVE DEVELOPMENT ASSOCIATES, Appellant-Respondent.

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

October 3, 2005.

Ordered that the appeals from the orders dated June 14, 2004, are dismissed as academic in light of our determination of the appeal from the judgment; and it is further,

Ordered that the judgment is reversed, on the law, with costs, the orders dated June 14, 2004, and the order entered February 14, 2003, are vacated, upon renewal, those branches of the plaintiff's motion which were for summary judgment on its cause of action...

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