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FIONDELLA v. 345 WEST 70TH TENANTS CORP.

100594/14, 11243A, 11243.

181 A.D.3d 480 (2020)

117 N.Y.S.3d 849

2020 NY Slip Op 01699

Paul Fiondella, Appellant, v. 345 West 70th Tenants Corp., Respondent.

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

Decided March 12, 2020.

The motion court properly ordered the action to be marked "disposed" since all four causes of action in the complaint had been resolved at the time defendant made its motion to dismiss. Plaintiff's argument that the second cause of action had not been withdrawn at the time defendant moved to dismiss the action, is unavailing since the motion court's earlier order of July 17, 2018 explicitly dismissed without prejudice the second...

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