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STOLARSKI v. DESIMONE

2010-01330, 2010-01366.

83 A.D.3d 1042 (2011)

922 N.Y.S.2d 151

ARLENE STOLARSKI et al., Respondents, v. DONALD DESIMONE et al., Appellants. (And a Third-Party Action.)

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

Decided April 26, 2011.

Ordered that the order entered January 4, 2010, is affirmed insofar as appealed from; and it is further,

Ordered that the order entered January 5, 2010, is reversed insofar as appealed from, on the law, and the motion of the defendant Donald DeSimone for summary judgment dismissing the complaint insofar as asserted him is granted; and it is further,

Ordered that one bill of costs is awarded to the defendant Donald DeSimone, payable by the plaintiffs, and one...

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