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GERSHON v. CUNNINGHAM

2010-01683, 2010-07229.

88 A.D.3d 944 (2011)

931 N.Y.S.2d 384

2011 NY Slip Op 7601

MATTHEW B. GERSHON et al., Respondents, v. ROBERT CUNNINGHAM et al., Appellants.

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

Decided October 25, 2011.

Ordered that the appeal from the order dated December 17, 2009, is dismissed as academic in light of our determination on the appeal from the order dated June 9, 2010; and it is further,

Ordered that the order dated June 9, 2010, is reversed, on the law, the plaintiffs' motion for summary judgment on the eighth and ninth causes of action is denied, the defendants' cross motion, in effect, pursuant to CPLR 5015 (a) (4), to vacate the determination of the Judicial Hearing...

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