CENTER FOR REHABILITATION AND NURSING AT BIRCHWOOD, LLC v. S & L BIRCHWOOD, LLC

2010-06817, 2010-09999.

92 A.D.3d 711 (2012)

939 N.Y.S.2d 78

2012 NY Slip Op 1204

CENTER FOR REHABILITATION AND NURSING AT BIRCHWOOD, LLC, et al., Respondents, v. S & L BIRCHWOOD, LLC, Defendant, and S & L BIRCHWOOD REALTY, LLC, et al., Appellants.

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

Decided February 14, 2012.


Ordered that the appeal from the order dated June 10, 2010, is dismissed, as the portion of the order appealed from was superseded by the order dated September 23, 2010, made, in effect, upon reargument; and it is further,

Ordered that the order dated September 23, 2010, is modified, on the law, by deleting the provision thereof, in effect, upon reargument, adhering to the determination in the order dated June 10, 2010, denying that branch of the defendants' motion...

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