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SEPTEMBER'S FOOD SYSTEMS, LLC v. BRE/WELLESLEY PROPERTIES, LLC

52 A.D.3d 680 (2008)

858 N.Y.S.2d 900

SEPTEMBER'S FOOD SYSTEMS, LLC, et al., Appellants, v. BRE/WELLESLEY PROPERTIES, LLC, Respondent.

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

Decided June 17, 2008.

Ordered that the appeal from the order entered November 30, 2006, as modified by the order entered December 15, 2006, is dismissed as abandoned; and it is further,

Ordered that the order entered May 8, 2007 is affirmed insofar as appealed from; and it is further,

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

The Supreme Court properly denied that branch of the plaintiffs' cross motion which was for partial summary judgment on the complaint...

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