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U.S. HOME CORPORATION v. ELM FARM ASSOCIATES, LLC

2009-08076, 2008-10906, 2009-03878

71 A.D.3d 667 (2010)

896 N.Y.S.2d 403

U.S. HOME CORPORATION et al., Respondents-Appellants, v. ELM FARM ASSOCIATES, LLC, et al., Appellant-Respondents.

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

Decided March 2, 2010.

Ordered that the appeal from the order is dismissed, without costs or disbursements, as that order was superseded by the amended order; and it is further,

Ordered that the amended order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiffs' motion which was for summary judgment on the cause of action for attorneys' fees and costs against the defendant Elm Farm Associates, LLC, and substituting therefor a provision granting...

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