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MATTER OF CANNINGS v. EAST MIDTOWN PLAZA HOUS. CO., INC.

9459, 401071/10.

104 A.D.3d 443 (2013)

960 N.Y.S.2d 413

2013 NY Slip Op 1478

In the Matter of JAMES CANNINGS, Appellant, v. EAST MIDTOWN PLAZA HOUSING COMPANY, INC., Respondent.

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

March 7, 2013.

Order, Supreme Court, New York County (Joan A. Madden, J.), entered October 25, 2011, which, insofar as appealed from, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Prior Case History: 33 Misc.3d 1216(A), 2011 NY Slip Op 51947(U).

The court properly granted the motion dismissing the complaint. Defendant met its burden to show that its decision to take out a loan from a private bank to finance...

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