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BOONE v. 100 MARCUS DRIVE ASSOCIATES

61 A.D.3d 798 (2009)

876 N.Y.S.2d 888

RANDY BOONE et al., Respondents, v. 100 MARCUS DRIVE ASSOCIATES, Appellant.

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

Decided April 21, 2009.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the motion for summary judgment dismissing the complaint is granted.

The motion for summary judgment dismissing the complaint should have been granted (see Boone v 100 Marcus Dr. Assoc., 61 A.D.3d 798 [2009] [decided...

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