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DUNE DECK OWNERS CORP. v. LIGGETT

2009-07658, 2009-08113.

85 A.D.3d 1093 (2011)

927 N.Y.S.2d 125

2011 NY Slip Op 5656

DUNE DECK OWNERS CORP., Respondent, v. JOHN P. LIGGETT, Appellant, et al., Defendants.

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

Decided June 28, 2011.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is modified, on the law, (1) by deleting the provision thereof dismissing the complaint insofar as asserted against the defendant John P. Liggett as premature, and substituting therefor provisions dismissing the cause of action to recover damages for breach of contract insofar as asserted against that defendant as premature, and unconditionally dismissing the causes of...

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