J & J ALARCON REALTY CORP. v. PLANTAINS REST., INC.

2013-02915

123 A.D.3d 886 (2014)

999 N.Y.S.2d 462

2014 NY Slip Op 08812

J & J ALARCON REALTY CORP., Respondents, v. PLANTAINS RESTAURANT, INC., Doing Business as GREEN PLANTAINS, et al., Defendants, and JIMMY NGUYEN et al., Appellants.

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

Decided December 17, 2014.


Ordered that the judgment is reversed, on the law and in the exercise of discretion, with costs, and the motion of the defendants Jimmy Nguyen and Kim Nguyen, denominated as one for leave to renew, but which was, in actuality, to vacate the order dated August 23, 2011, and thereupon deny the plaintiffs' motion for summary judgment on the complaint insofar as asserted against them, is granted, and the order entered June 14, 2012, is modified accordingly.

The plaintiffs...

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