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LEE v. DOW JONES & CO., INC.

13158, 303549/13, 301522/11, 302336/13.

121 A.D.3d 548 (2014)

993 N.Y.S.2d 897

2014 NY Slip Op 07247

RICHARD C. LEE et al., Appellants, v. DOW JONES & COMPANY, INC., Respondent. RICHARD C. LEE, Appellant, v. NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY et al., Respondents. RICHARD C. LEE et al., Appellants, v. PRINCIPAL BUILDING SERVICES, INC., et al., Defendants.

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

Decided October 23, 2014.

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered January 30, 2014, which granted defendant Dow Jones & Company, Inc.'s motion to dismiss the complaint, and denied, as moot, plaintiffs' cross motion to consolidate the three actions, unanimously reversed, on the law, without costs, the motion denied, and the cross motion granted.

In the circumstances presented, the court improperly considered affidavits...

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