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41 NORTH 73 WEST, INC. v. WESTAIR AVIATION SERVICES, LLC

2009-07240.

77 A.D.3d 707 (2010)

909 N.Y.S.2d 129

41 NORTH 73 WEST, INC., Doing Business as AVITAT WESTCHESTER and JET SYSTEMS, Appellant, v. WESTAIR AVIATION SERVICES, LLC, et al., Respondents.

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

Decided October 12, 2010.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs, and the matter is remitted to the Supreme Court, Westchester County, for the entry of a judgment making the appropriate declaration.

The Supreme Court properly granted those branches of the defendants' respective motions which were to dismiss the amended complaint insofar as asserted against each of them pursuant to CPLR 3211(a)(1). To succeed...

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