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MOSER v. LAVIPOUR & COMPANY, INC.

35 A.D.3d 414 (2006)

826 N.Y.S.2d 384

PHYLLIS MOSER et al., Appellants-Respondents, v. LAVIPOUR & COMPANY, INC, et al., Respondents-Appellants, and PRICE CHOPPER, INC., Respondent. (Appeal No. 1.) PHYLLIS MOSER et al., Plaintiffs, v. LAVIPOUR & COMPANY, INC., et al., Respondents, and PRICE CHOPPER OPERATING CO., INC., Appellant, et al., Defendant. (Appeal No. 2.)

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

Decided December 5, 2006.

Ordered that the appeal by the defendant Price Chopper Operating Co., Inc., from the order dated October 25, 2004, is dismissed (see Katz v Katz, 68 A.D.2d 536 [1979]); and it is further,

Ordered that the cross appeal by the defendants Lavipour & Company, Inc., Lavipour & Company, LLC, and South Hills Mall, LLC, from so much of the order dated October 25, 2004, as, in effect...

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