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GUTMAN v. A TO Z HOLDING CORP.

2010-08826.

91 A.D.3d 718 (2012)

936 N.Y.S.2d 316

2012 NY Slip Op 333

ARYEH GUTMAN, Respondent, v. A TO Z HOLDING CORP. et al., Appellants.

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

Decided January 17, 2012.

Ordered that the order dated August 7, 2003, is modified, on the facts and in the exercise of discretion, by deleting the provisions thereof, upon renewal, denying the defendants' motion to dismiss the complaint and to strike the reply to the counterclaims on the condition that the plaintiff pay the sum of $5,000 to the defendants and vacating the determination in the order dated December 6, 2002, and substituting therefor a provision...

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