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KAY WATERPROOFING CORP. v. RAY REALTY FULTON, INC.

23 A.D.3d 624 (2005)

804 N.Y.S.2d 815

KAY WATERPROOFING CORP., Respondent, v. RAY REALTY FULTON, INC., Appellant, et al., Defendants.

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

November 28, 2005.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed insofar as appealed from, on the law, that branch of the plaintiff's motion which was for leave to enter judgment against Ray Realty Fulton, Inc., is denied, the cross application is granted, the complaint is dismissed insofar as asserted against Ray Realty Fulton, Inc., the action against the remaining defendants is severed, and the order is modified accordingly...

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