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NUGENT v. HUBBARD

2014-03818

130 A.D.3d 893 (2015)

15 N.Y.S.3d 71

2015 NY Slip Op 06226

MICHAEL T. NUGENT et al., Appellants, v. JOSEPH C. HUBBARD et al., Defendants, and DANIEL O'DONNELL et al., Respondents. (And a Third-Party Action.).

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

Decided July 22, 2015.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendants Daniel O'Donnell and Jodi Girl Enterprises, Inc., which was for summary judgment on the counterclaim of the defendant Daniel O'Donnell insofar as asserted against the plaintiffs Michael T. Nugent and 52 Phoenix Mgmt. Corp., and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar...

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