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GALLAGHER v. 109-02 DEV., LLC

2014-10930, Index No. 27449/11.

137 A.D.3d 1073 (2016)

26 N.Y.S.3d 888

2016 NY Slip Op 02050

BRIAN GALLAGHER et al., Respondents-Appellants, v. 109-02 DEVELOPMENT, LLC, et al., Appellants-Respondents, et al., Defendant.

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

Decided March 23, 2016.

Ordered that the order is modified, on the law, by deleting the provisions thereof denying that branch of the motion of the defendant 109-02 Development, LLC, and that branch of the cross motion of the defendant Peninsula Springs and Wheel Alignment, Inc., which were for summary judgment dismissing, insofar as asserted against each of them, the cause of action pursuant to General Municipal Law § 205-a predicated on a violation of the Administrative Code of the City of...

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