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EISENSTEIN v. BOARD OF MANAGERS OF THE OAKS AT LA TOURETTE CONDOMINIUM SECTIONS I-IV

43 A.D.3d 987 (2007)

842 N.Y.S.2d 72

SAMUEL EISENSTEIN et al., Respondents, v. BOARD OF MANAGERS OF THE OAKS AT LA TOURETTE CONDOMINIUM SECTIONS I-IV, Appellant.

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

Decided September 18, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in granting the plaintiffs' motion for leave to renew based upon a case decided by this Court on the same day that the Supreme Court issued its order granting the defendant's original motion for summary judgment (see Fitzpatrick v State of New York, 25 A.D.3d 755 [2006]). In Fitzpatrick, this...

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