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BREYTMAN v. OLINVILLE REALTY, LLC

70 A.D.3d 573 (2010)

893 N.Y.S.2d 872

ALEXANDER BREYTMAN, Appellant, v. OLINVILLE REALTY, LLC, et al., Respondents, et al., Defendants. (And Another Action.)

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

Decided February 23, 2010.

The determination of the motion court was appropriate in light of this Court's dismissal of plaintiff's action as against respondents (46 A.D.3d 484 [2007], lv dismissed in part and denied in part 11 N.Y.3d 768 [2008]). Plaintiff has not shown that the dismissal of the counterclaims has caused him prejudice, nor are there any other special circumstances...

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