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GARCIA v. PEPE, JR.

42 A.D.3d 427 (2007)

839 N.Y.S.2d 544

RAUL GARCIA et al., Respondents, v. PETER PEPE, JR., et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided July 10, 2007.

Ordered that the appeal by the defendants Peter Pepe, Jr., and Laurie Pepe from so much of the order dated January 17, 2006, as denied as premature that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against them is dismissed, as that portion of the order was superseded by the order dated June 21, 2006; and it is further,

Ordered that order dated June 21, 2006 is reversed insofar as appealed from, on the law, and...

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