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SEALY v. CLIFTON, LLC

2008-11318

68 A.D.3d 846 (2009)

2009 NY Slip Op 9207

890 N.Y.S.2d 598

DARYL SEALY, Respondent, v. CLIFTON, LLC, et al., Appellants.

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

Decided December 8, 2009.

Ordered that the order is modified, on the law, by deleting the provisions thereof denying the defendants' motion pursuant to CPLR 3211 (a) (3) and (7) to dismiss the only cause of action, which was for partition, and to cancel the notice of pendency, and substituting therefor provisions granting those branches of the motion; as so modified, the order is affirmed, without costs or disbursements; and it is further,

Ordered that the County Clerk, Kings County, is directed...

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