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COIZZA v. 164-50 CROSSBAY REALTY CORP.

37 A.D.3d 640 (2007)

831 N.Y.S.2d 433

EUGENE COIZZA et al., Appellants, v. 164-50 CROSSBAY REALTY CORP. et al., Respondents.

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

Decided February 20, 2007.

Ordered that the appeal from the fourth order dated July 18, 2005, is dismissed, as the plaintiffs are not aggrieved thereby (see CPLR 5511); and it is further,

Ordered that the first, second, and third orders dated July 18, 2005 are reversed, on the law, that branch of the motion of the defendants 164-50 Crossbay Realty Corp. and Vincent Sodano which was pursuant to CPLR 3211 to dismiss the original complaint is denied, and the matter is remitted to the Supreme...

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