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DANNA v. MALCO REALTY, INC.

51 A.D.3d 621 (2008)

857 N.Y.S.2d 688

ANTHONY DANNA et al., Respondents, v. MALCO REALTY, INC., et al., Defendants, and MICHAEL GRAE, Appellant.

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

Decided May 6, 2008.

Ordered that the appeal from the order dated September 21, 2007 is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated May 1, 2007 is affirmed insofar as appealed from, and it is further,

Ordered that one bill of costs is awarded to the respondents.

In considering a motion to dismiss the complaint for failure to state a cause of action pursuant to CPLR 3211 (a) (7), the pleaded facts, and any...

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