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ELM REALTY ASSOCIATES, LLC v. LEBEN, LLC

22 A.D.3d 790 (2005)

803 N.Y.S.2d 683

ELM REALTY ASSOCIATES, LLC, Appellant, v. LEBEN, LLC, et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants. MEDISYS HEALTH NETWORK, INC., Third-Party Defendant-Respondent.

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

October 31, 2005.

Ordered that the order is reversed insofar as appealed from, on the law, the defendants' motion is denied, the cross motion is granted, the complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for a trial on the issue of damages; and it is further,

Ordered that the order is affirmed insofar as cross-appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

On March 1, 2000, the...

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