ELLERS v. HORWITZ FAMILY LIMITED PARTNERSHIP


36 A.D.3d 849 (2007)

831 N.Y.S.2d 417

STEVEN ELLERS et al., Appellants, v. HORWITZ FAMILY LIMITED PARTNERSHIP 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Ordered that the appeal from the order entered May 17, 2005 is dismissed, as that order was superseded by the amended order entered June 7, 2005; and it is further,

Ordered that the order entered June 7, 2005 is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendants Parker-Ziering, Inc., and Jeani Ziering, doing business as Ziering Interiors, which was for summary judgment dismissing the complaint insofar as asserted...

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