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ARCADE CONTRACTING & RESTORATION, INC. v. 24 AQUEDUCT LANE CONDOMINIUM ASSOCIATION

51 A.D.3d 610 (2008)

858 N.Y.S.2d 264

ARCADE CONTRACTING & RESTORATION, INC., Respondent, v. 24 AQUEDUCT LANE CONDOMINIUM ASSOCIATION, Defendant and Third-Party Plaintiff-Appellant. WALTER B. MELVIN, ARCHITECTS, LLC, Third-Party Defendant-Respondent. (Action No. 1.) 24 AQUEDUCT LANE CONDOMINIUM ASSOCIATION, Appellant, v. ARCADE CONTRACTING & RESTORATION, INC., et al., Respondents. (Action No. 2.)

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

Decided May 6, 2008.

Ordered that the order is reversed, on the law, with one bill of costs, and the motion to vacate the order dated March 9, 2007 is granted.

Contrary to the determination of the Supreme Court and the contentions of the respondents, the appellant's motion to vacate the order dated March 9, 2007 was a proper procedural vehicle for challenging that order, which determined oral applications made at a conference, and the instant appeal is taken as of right from the order...

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