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CASA BOSCO, INC. v. 118-01 METROPOLITAN AVENUE REALTY CORP.

28 A.D.3d 698 (2006)

812 N.Y.S.2d 882

CASA BOSCO, INC., Respondent, v. 118-01 METROPOLITAN AVENUE REALTY CORP. et al., Defendants, and 118-01/21 METROPOLITAN AVENUE, LLC, et al., Appellants.

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

April 25, 2006.

Ordered that the appeal from the order entered July 8, 2004 is dismissed, without costs or disbursements, as that order was superseded by the order entered February 7, 2005, made upon reargument; and it is further,

Ordered that the order entered February 7, 2005 is affirmed insofar as appealed from, without costs or disbursements.

The appellants failed to tender sufficient evidence to demonstrate the absence of a triable issue of fact. Thus, they failed to...

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