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ACUNTO v. STEWART AVENUE GARDENS, LLC

26 A.D.3d 305 (2006)

808 N.Y.S.2d 782

BIRDINE ACUNTO, Appellant, v. STEWART AVENUE GARDENS, LLC, Respondent. (And a Third-Party Action.)

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

February 7, 2006.

Ordered that the appeal from so much of the order as held in abeyance the plaintiff's motion to dismiss the fifth through ninth affirmative defenses is dismissed; and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

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

The order appealed from did not decide the plaintiff's motion to dismiss the fifth through ninth affirmative defenses, but instead held...

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