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DEER PARK ENTERPRISES, LLC v. AIL SYSTEMS, INC.

57 A.D.3d 711 (2008)

870 N.Y.S.2d 89

DEER PARK ENTERPRISES, LLC, Respondent, v. AIL SYSTEMS, INC., Now Known as EDO CORPORATION, Appellant.

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

December 16, 2008.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant's motion which was to dismiss the fourth cause of action, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

We agree with the defendant's contention that the Supreme Court erred in denying that branch of its motion which was

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