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UTILITY AUDIT GROUP v. APPLE MAC & R CORP.

59 A.D.3d 709 (2009)

874 N.Y.S.2d 229

UTILITY AUDIT GROUP, Respondent-Appellant, et al., Plaintiff, v. APPLE MAC & R CORP., Also Known as APPLE MAC & R. INC., Doing Business as MacMENAMIN'S PUB, et al., Appellants-Respondents.

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

Decided February 24, 2009.

Ordered that the cross appeal is dismissed as abandoned, without costs or disbursements; and it further,

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court providently exercised its discretion in denying the defendants' motion pursuant to CPLR 2221 (e) for leave to renew their opposition to that branch of UAG's motion which was for summary judgment on the first cause of action alleging breach of contract...

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