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MALAK v. WYNDER

56 A.D.3d 622 (2008)

867 N.Y.S.2d 539

GLEN MALAK et al., Appellants, v. CHRISTOPHER R. WYNDER et al., Defendants, DANIELLE M. PASCALE et al., Respondents, et al., Defendant. (Action No. 1.) PAUL J. BABICKI et al., Appellants, v. DANIELLE M. PASCALE et al., Respondents, et al., Defendants. (Action No. 2.)

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

November 18, 2008.

Ordered that the separate appeal by the defendant in action No. 1 Paul J. Babicki is dismissed as abandoned, without costs or disbursements; and it is further,

Ordered that the order is reversed insofar as appealed from by the plaintiffs in actions No. 1 and 2, on the law, with costs, and that branch of the motion of the defendants Danielle Pascale and Margarita Pascale which was for summary judgment dismissing the complaints insofar as asserted against them is denied...

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