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NATHAN v. DEL SAVIO FAMILY LIMITED PARTNERSHIP NO. 2

41 A.D.3d 564 (2007)

836 N.Y.S.2d 435

JOHN E. NATHAN et al., Respondents-Appellants, v. DEL SAVIO FAMILY LIMITED PARTNERSHIP NO. 2, Appellant-Respondent, and TOWN OF POUND RIDGE, Respondent.

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

Decided June 12, 2007.

Ordered that the order dated January 25, 2006 is affirmed insofar as appealed and cross-appealed from, and it is further,

Ordered that the order dated June 9, 2006 is affirmed, and it is further,

Ordered that the defendants are awarded one bill of costs.

The Supreme Court properly determined that the defendants established their prima facie entitlement to summary judgment on the plaintiffs' third cause of action alleging fraudulent concealment (

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