SMITH v. BAY HARBOUR ASSOCIATES, L.P.


53 A.D.3d 539 (2008)

863 N.Y.S.2d 38

ELLIOT SMITH et al., Appellants-Respondents, v. BAY HARBOUR ASSOCIATES, L.P., Respondent-Appellant, LUK-SHOP, LLC, Respondent, and APW SUPERMARKETS, INC., Doing Business as WALDBAUM's, et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants. LEUCADIA NATIONAL CORPORATION, Third-Party Defendant-Respondent.

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

Decided July 8, 2008.


Ordered that the order is modified, on the law, by deleting the provision thereof granting the cross motion of the defendant Luk-Shop, LLC, for summary judgment dismissing the complaint and all cross claims insofar as asserted against it and substituting therefor a provision denying that cross motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the plaintiffs, the defendant-respondent-appellant, and the defendants...

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