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WILD OAKS, LLC v. BEEHAN

2009-10460.

77 A.D.3d 924 (2010)

910 N.Y.S.2d 137

WILD OAKS, LLC, Appellant, v. JOSEPH A. BEEHAN, JR. GENERAL CONTRACTING, INC., et al., Respondents.

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

Decided October 26, 2010.

Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the defendants' cross motion which were to dismiss the complaint pursuant to CPLR 3211(a)(1) and, in effect, to cancel a notice of pendency, and substituting therefor a provision denying those branches of the cross motion; as so modified, the order is affirmed, with costs to the appellant, and the Suffolk County Clerk is...

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