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MEMBERS OF THE DEKALB AVE. CONDOMINIUM ASSN. v. KLEIN

2017-07629, Index No. 522075/16.

172 A.D.3d 1196 (2019)

102 N.Y.S.3d 207

2019 NY Slip Op 03963

Members of the Dekalb Avenue Condominium Association, Respondent, v. Shnayer Klein, Appellant.

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

Decided May 22, 2019.

Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the defendant's motion which were pursuant to CPLR 3211 (a) to dismiss the causes of action alleging fraud and breach of the housing merchant implied warranty, and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed, without costs or disbursements.

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