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GRIFFITH v. ATKINS GLENMORE REALTY, LLC

2018-01298, Index No. 2213/16.

172 A.D.3d 1182 (2019)

98 N.Y.S.3d 863

2019 NY Slip Op 03957

Eugene Griffith, Appellant, v. Atkins Glenmore Realty, LLC, Respondent.

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

Decided May 22, 2019.

Ordered that on the Court's own motion, the notice of appeal from the ex parte order is deemed to be an application pursuant to CPLR 5704 to vacate the order; and it is further,

Ordered that the application pursuant to CPLR 5704 is granted, the ex parte order dated January 22, 2018, is vacated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.

On July 22, 2015, the plaintiff entered into a contract...

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