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NORSE REALTY GROUP, INC. v. MORMANDO FAMILY LIMITED PARTNERSHIP

38 A.D.3d 735 (2007)

832 N.Y.S.2d 607

NORSE REALTY GROUP, INC., Respondent, v. MORMANDO FAMILY LIMITED PARTNERSHIP et al., Appellants.

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

Decided March 20, 2007.

Ordered that the order is reversed, on the law, with costs, the motion is denied, upon searching the record, summary judgment dismissing the complaint is awarded to the defendants, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in connection with the affirmative relief sought by the defendant Mormando Family Limited Partnership in its answer.

In June 2005 the plaintiff Norse Realty Group, Inc., as

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