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SOLDIERS' v. CARLTON REGENCY

600813/07.

30 Misc.3d 352 (2010)

911 N.Y.S.2d 774

SOLDIERS', SAILORS', MARINES' AND AIRMEN'S CLUB, INC., Plaintiff, v. CARLTON REGENCY CORP., Defendant. CARLTON REGENCY CORP., Third-Party Plaintiff, v. JAMES CONFORTI, III, et al., Third-Party Defendants and Counterclaim Plaintiffs. COMMINGLED PENSION TRUST FUND (MORTGAGE PRIVATE PLACEMENT) OF JP MORGAN CHASE BANK, N.A., Counterclaim Defendant. JAMES CONFORTI, III, et al., Fourth-Party Plaintiffs, v. CHICAGO TITLE INSURANCE COMPANY et al., Fourth-Party Defendants.

Supreme Court, New York County.

Decided November 10, 2010.

Attorney(s) appearing for the Case

McLaughlin & Stern, LLP ( Richard Farren of counsel), for plaintiffs.

Gallet Dreyer & Berkey, LLP ( David Berkey of counsel), for defendant and third-party plaintiff.

Bragar Wexler Eagel & Squire, P.C., for Dean Stephen Lyras, third-party defendant.

Windels Marx Lane & Mittendorf, LLP ( Mark Slama of counsel), for James Conforti, III, third-party defendant.

OPINION OF THE COURT

CHARLES EDWARD RAMOS, J.

This court's prior decision, dated June 22, 2010, was a draft opinion, signed in error. It is accordingly hereby vacated. The following corrected decision is submitted in its place and stead. The order settled on the 15th day of October 2010, and entered October 26, 2010 is also hereby vacated.

Motion sequences 002 and 003 are consolidated for disposition....

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