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MACE v. TUNICK

2016-06900, 2016-08530. Index No. 68644/15.

153 A.D.3d 689 (2017)

60 N.Y.S.3d 314

2017 NY Slip Op 06170

DAVID J. MACE, Appellant, v. NICHOLAS TUNICK et al., Respondents.

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

Decided August 16, 2017.

Ordered that the order dated May 23, 2016, is reversed insofar as appealed from, on the law, and that branch of the defendants' motion which was pursuant to CPLR 3211 (a) to dismiss the first cause of action is denied; and it is further,

Ordered that the appeal from the order dated August 5, 2016, is dismissed as academic in light of our determination on the appeal from the order dated May 23, 2016; and it is further,

Ordered that one bill of costs is awarded...

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