FALCHOOK v. J & M KINGSLEY, LTD.

2009-01830.

67 A.D.3d 632 (2009)

888 N.Y.S.2d 569

2009 NY Slip Op 07978

LESLIE FALCHOOK et al., Respondents, v. J & M KINGSLEY, LTD., Doing Business as LILA'S SANTA FE KITCHEN, Defendant, and 345 MAIN STREET ASSOCIATES, LLC, et al., Appellants. (And a Third-Party Action.)

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

Decided November 4, 2009.


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the appellants' motion which was for summary judgment dismissing the amended complaint insofar as asserted against the defendant Palmer Sealy III, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiffs Leslie Falchook and Judy Falchook...

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