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HIGH POINT OF HARTSDALE I CONDOMINIUM v. AOI CONSTRUCTION, INC.

31 A.D.3d 711 (2006)

818 N.Y.S.2d 477

HIGH POINT OF HARTSDALE I CONDOMINIUM, Respondent, v. AOI CONSTRUCTION, INC., Also Known as AOI RESTORATION, INC., Appellant, et al., Defendants.

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

July 25, 2006.

Ordered that the appeal from so much of the order as denied that branch of the motion which was to extend the appellant's time to move for summary judgment is dismissed as academic; and it is further,

Ordered that the order is reversed insofar as reviewed, on the law and as a matter of discretion, and those branches of the motion which were to vacate the note of issue and certificate of readiness, and to compel the plaintiff to permit the appellant's

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