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MAZZARELLI v. 54 PLUS REALTY CORP.

2008-03585

2008 NY Slip Op 07219

ANGELINA MAZZARELLI, appellant, v. 54 PLUS REALTY CORP., ET AL., respondents.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Shayne, Dachs, Corker, Sauer & Dachs, LLP, Mineola, N.Y. (Norman H. Dachs and Jonathan A. Dachs of counsel), for appellant.

Edward J. Troy, Greenlawn, N.Y. (Patrick J. Morganelli of counsel), for respondent 54 Plus Realty Corp.

Before: Robert A. Spolzino, J.P., David S. Ritter, Fred T. Santucci, Edward D. Carni, JJ.

DECISION & ORDER

ORDERED that the order is reversed, on the law, with costs, and the motion of the defendant 54 Plus Realty Corp. for summary judgment dismissing the complaint insofar as asserted against it is denied.

The plaintiff's contention that the deposition transcript of the representative of the defendant 54 Plus Realty Corp. (hereinafter the defendant) was in inadmissible form and thus improperly considered by the motion court is without merit...

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