UGIRI PROGRESSIVE COMMUNITY, INC. v. UKWUOZO


57 A.D.3d 656 (2008)

870 N.Y.S.2d 64

UGIRI PROGRESSIVE COMMUNITY, INC., Appellant, v. RAYMOND UKWUOZO et al., Respondents.

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

December 9, 2008.


Ordered that on the Court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Queens County, for further proceedings before a different Justice.

After commencement of the instant action, the plaintiff moved

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