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ADCO ELECTRICAL CORPORATION v. McMAHON

38 A.D.3d 805 (2007)

835 N.Y.S.2d 588

ADCO ELECTRICAL CORPORATION et al., Appellants, v. BRIAN McMAHON et al., Respondents.

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

Decided March 27, 2007.

Ordered that the order dated September 28, 2005 is reversed, on the law and in the exercise of discretion, and the motion of the defendant Bruce Fahey, in effect, pursuant to CPLR 3211 (a) (7) to dismiss the complaint is denied; and it is further,

Ordered that the plaintiffs' time to seek class certification pursuant to Lien Law § 77 (1) and CPLR article 9 is extended until 60 days after service upon them of a copy of this decision and order; and it is further...

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