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BEN KRUPINSKI BUILDER AND ASSOCIATES, INC. v. BAUM

36 A.D.3d 843 (2007)

828 N.Y.S.2d 583

BEN KRUPINSKI BUILDER AND ASSOCIATES, INC., Appellant, v. THEODORE BAUM et al., Respondents.

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

Decided January 30, 2007.

Ordered that the appeal from the order dated April 20, 2005 is dismissed as academic in light of our determination on the appeal from the order dated July 29, 2005; and it is further,

Ordered that the order dated July 29, 2005 is reversed, on the law, the motion for leave to renew is granted, upon renewal, the order dated April 20, 2005 is vacated, and the defendants' motion for summary judgment dismissing the complaint is denied; and it is further,

Ordered...

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