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WEISS v. ZELLAR HOMES, LTD.

1136 CA 18-00566.

169 A.D.3d 1491 (2019)

92 N.Y.S.3d 833

2019 NY Slip Op 01024

Carl Weiss et al., Appellants-Respondents, v. Zellar Homes, Ltd., et al., Respondents, and ProBuild Company LLC, Respondent-Appellant, et al., Defendants.

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

Decided February 8, 2019.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting plaintiffs' motion and dismissing the second counterclaim of defendants Zellar Homes, LTD. and David Zellar, denying the "third party cross motion[s]" of defendants Zellar Homes, LTD. and David Zellar, and vacating the first, fourth and fifth ordering paragraphs, and as modified the order is affirmed without costs and the matter...

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