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CAPATO v. 125TH & LENOX LLC

0117265/2006, Motion Seq. No. 001.

2008 NY Slip Op 31893 (U)

DAVID CAPATO, Plaintiff v. 125th & LENOX LLC and WHARTON REALTY MANAGEMENT CORP., Defendants.

Supreme Court of the State of New York, New York County

Motion Date July 20, 2008

July 1, 2008.

DECISION/ORDER

MEMORANDUM DECISION

CAROL R. EDMEAD, Judge.

Defendants 125th & Lenox LLC (the LLC") and Wharton Realty Management Corp. ("Wharton") (collectively "defendants") move for an order pursuant to CPLR 3212: (1) granting summary judgment dismissing the complaint of plaintiff David Capato ("plaintiff') in its entirety; or, in the alternative, (2) granting summary judgment dismissing the...

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