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CHOI CHIU v. CHIU

38 A.D.3d 619 (2007)

832 N.Y.S.2d 89

MAN CHOI CHIU et al., Respondents, v. WINSTON CHIU et al., Appellants.

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

Decided March 13, 2007.

Ordered that the order and judgment is modified, on law and on the facts, by (1) deleting the provisions thereof which determined that the defendant Winston Chiu "was never a member of the [plaintiff 42-52 Northern Blvd.] LLC" and that the plaintiff Man Choi Chiu is the "sole member" thereof, (2) deleting the provisions thereof which granted the plaintiffs' application to conform the pleadings to the proof by amending paragraphs 50 and 51 of the complaint and paragraph 2...

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