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ASTUDILLO v. CITY OF NEW YORK

2009-05487

71 A.D.3d 709 (2010)

895 N.Y.S.2d 731

LOUIS ASTUDILLO et al., Respondents, v. CITY OF NEW YORK et al., Respondent, and L.K. COMSTOCK & CO., INC., Appellant.

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

Decided March 9, 2010.

Ordered that the order dated May 8, 2009 is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court providently exercised its discretion in granting those branches of the plaintiffs' motion and the cross motion of the defendant City of New York which were for leave to reargue their opposition to the motion of the defendant L.K. Comstock & Company, Inc. (hereinafter Comstock), for summary judgment dismissing...

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