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FIRST FRANKLIN SQUARE ASSOCIATES, LLC v. FRANKLIN SQUARE PROPERTY ACCOUNT

15 A.D.3d 529 (2005)

790 N.Y.S.2d 527

FIRST FRANKLIN SQUARE ASSOCIATES, LLC, Respondent, v. FRANKLIN SQUARE PROPERTY ACCOUNT et al., Defendants, and FRANKLIN REALTY 710, LLC, Respondent, and WALGREEN EASTERN CO., INC., et al., Appellants-Respondents, and DUANE READE, Respondent-Appellant. (Action No. 1.) TOWN OF HEMPSTEAD, Respondent-Appellant, v. FRANKLIN REALTY 710, LLC, et al., Appellants-Respondents. (Action No. 2.) PAYLESS SHOESOURCE, INC., Appellant, v. FRANKLIN REALTY 710, LLC, et al., Respondents. (Action No. 3.)

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

February 22, 2005.

Ordered that the appeal from the order and judgment dated February 6, 2003, is dismissed, without costs or disbursements, as the order and judgment was superseded by the amended order and judgment dated April 4, 2003; and it is further,

Ordered that on the Court's own motion, the notice of appeal from so much of the order dated May 13, 2003, as directed a hearing on the issue of traffic safety is deemed to be an application...

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