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BORN TO BUILD, LLC v. SALEH

2013-04764, 2013-08680, Index No. 2345/11.

125 A.D.3d 709 (2015)

999 N.Y.S.2d 762

BORN TO BUILD, LLC, Appellant, v. IBRAHIM SALEH, Also Known as KAMEL SALEH and Others, et al., Defendants. KAMEL SALEH, Nonparty Respondent.

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

Decided February 11, 2015.

Ordered that the order entered February 25, 2013, is affirmed insofar as appealed from, without costs or disbursements; and it is further,

Ordered that the appeal from the order entered July 15, 2013, is dismissed, without costs or disbursements.

Under the circumstances presented in this case, the Supreme Court providently construed nonparty Kamel Saleh's motion as one for reargument. Furthermore, because the evidence in the record supports the court's determination...

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