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DISCHIAVI v. CALLI

1456 CA 09-00804

68 A.D.3d 1695 (2009)

2009 NY Slip Op 9776

890 N.Y.S.2d 843

GARY M. DISCHIAVI et al., Appellants, v. WILLIAM S. CALLI et al., Defendants, and ROBERT CALLI et al., Respondents. (Appeal No. 5.)

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

Decided December 30, 2009.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied in part and the complaint against defendants Robert Calli, Herbert Cully, and Calli, Calli and Cully is reinstated.

Same memorandum as in Dischiavi v Calli ([appeal No. 2] 68 A.D.3d 1691

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