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A.F.C. ENTERPRISES, INC. v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY

33 A.D.3d 736 (2006)

823 N.Y.S.2d 433

A.F.C. ENTERPRISES, INC., Respondent, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Appellant.

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

Decided October 17, 2006.

Ordered that the appeal from so much of the order as denied that branch of the motion which was to dismiss the complaint and to impose monetary sanctions on the plaintiff is dismissed, as that portion of the order was superseded by an order of the same court dated September 9, 2005, made upon renewal (see A.F.C. Enters., Inc. v New York City School Constr. Auth., 33 A.D.3d 737 [2006] [decided...

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