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NEW YORK CITY EDUC. CONSTR. FUND v. VERIZON N.Y. INC.

11764-650193/09, 11764A

114 A.D.3d 529 (2014)

981 N.Y.S.2d 11

2014 NY Slip Op 1128

NEW YORK CITY EDUCATIONAL CONSTRUCTION FUND, Appellant, v. VERIZON NEW YORK INC., Formerly Known as NEW YORK TELEPHONE CO., Respondent, et al., Defendants.

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

Decided February 18, 2014.

Judgment, Supreme Court, New York County (Barbara R. Kapnick, J.), entered June 25, 2012, dismissing the complaint with prejudice, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered June 12, 2012, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Defendant contends that New York City Zoning Resolution § 12-10 bars all of plaintiff's claims because...

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