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MARTINEZ v. EAST 16TH ASSOCIATES, LLC

38 A.D.3d 726 (2007)

830 N.Y.S.2d 915

JIMMY MARTINEZ, Appellant, v. EAST 16TH ASSOCIATES, LLC, et al., Defendants, and ROBERT KASZOVITZ et al., Respondents.

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

Decided March 20, 2007.

Ordered that the appeal from the order dated May 17, 2005 is dismissed, as that order was superseded by the order dated September 12, 2005, made upon reargument; and it is further,

Ordered that the order dated September 12, 2005 is reversed insofar as appealed from, on the law, upon reargument, so much of the order dated May 17, 2005 as granted that branch of the motion of the defendants Robert Kaszovitz and Elaine Cohen which was for summary judgment dismissing the...

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