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KOVEL v. LERNER, CUMBO ASSOC

2009-2072 S C.

32 Misc.3d 24 (2011)

927 N.Y.S.2d 286

2011 NY Slip Op 21144

ROD KOVEL, Appellant, v. LERNER, CUMBO & ASSOCIATES, INC., Respondent.

Supreme Court, Appellate Term, Second Department.

Decided April 13, 2011.

Attorney(s) appearing for the Case

Rod Kovel , Merrick, appellant pro se.

Robert F. D'Emilia , New York City, for respondent.

MOLIA, J.P., TANENBAUM and LaCAVA, JJ.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the appeal from the order dated March 5, 2009 is dismissed as that order was superseded by the order dated July 28, 2009; and it is further,

Ordered that the order dated July 28, 2009, insofar as appealed from, is modified by providing that the branches of plaintiff's motion seeking summary judgment on the causes of action brought pursuant to 47 USC § 227 (b) (1) (C) are granted and, upon a search...

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