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CHAN v. TOMASINO

59 A.D.3d 680 (2009)

874 N.Y.S.2d 214

KAM CHAN et al., Respondents, v. VINCENT TOMASINO, Sr., Appellant.

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

Decided February 24, 2009.

Ordered that the appeal from the order dated January 7, 2008 is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, upon reargument, the determination in the order dated June 28, 2007 denying the motion for summary judgment in lieu of complaint is adhered to; and it is further,

Ordered that one bill of costs is awarded to the defendant.

The appeal from the intermediate order must be dismissed because the right of direct...

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