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DINIZIO AND COOK, INC. v. DUCK CREEK MARINA AT THREE MILE HARBOR, LTD.

32 A.D.3d 989 (2006)

821 N.Y.S.2d 649

DINIZIO AND COOK, INC., Appellant, et al., Plaintiffs, v. DUCK CREEK MARINA AT THREE MILE HARBOR, LTD., et al., Respondents.

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

September 26, 2006.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, amended the defendants' first and second counterclaims is treated as an application for leave to appeal from that portion of the order, and leave to appeal is granted; and it is further,

Ordered that the order is affirmed, with costs.

This matter has been before this Court previously, and the facts giving rise to this action are set forth in our earlier decision...

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