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ARMSTRONG TRADING, LTD. v. MBM ENTERPRISES

29 A.D.3d 835 (2006)

815 N.Y.S.2d 689

ARMSTRONG TRADING, LTD., Respondent, v. MBM ENTERPRISES et al., Appellants.

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

May 23, 2006.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the order dated October 3, 2003, is reinstated, the proposed answer annexed to the defendants' motion papers is deemed timely served, and the matter is remitted to the Supreme Court, Kings County, for consideration of the defendants' motion for summary judgment dismissing the complaint and the plaintiff's motion for partial summary judgment.

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