ATIFA v. SHAIRZAD


56 A.D.3d 703 (2008)

ATIFA, Doing Business as MASJID HAZRAT ABUBAKR, Respondent, v. MOHAMMED AKBAR SHAIRZAD, Appellant, et al., Defendants. (Action No. 1.) MASJID HAZRAT ABUBAKR, Appellant, v. ATIFA, Respondent. (Action No. 2.).

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

November 25, 2008.


Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

In a prior decision and order dated January 10, 2006, we reversed two judgments (one in each action) in favor of ATIFA, the plaintiff in action No. 1 and the defendant in action No. 2, finding that the trial court erred in granting ATIFA's motion pursuant to CPLR 4401 for judgment as a matter of law because triable issues of fact existed...

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