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UGIJANIN v. 2 WEST 45TH STREET JOINT VENTURE

43 A.D.3d 911 (2007)

841 N.Y.S.2d 611

EROL UGIJANIN, Respondent, v. 2 WEST 45TH STREET JOINT VENTURE, Defendant, and JOSEPH P. DAY REALTY CORP., Appellant.

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

Decided September 11, 2007.

Ordered that the order entered July 20, 2006 is reversed insofar as appealed from, on the law, that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant Joseph P. Day Realty Corp. is granted, and the order entered May 24, 2006 is vacated; and it is further,

Ordered that the appeal from the order entered May 24, 2006 is dismissed as academic in light of our determination of the appeal from...

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