LUPO v. ANNA'S LULLABY CAFÉ, LLC

2019-00127, 2020-09020. Index No. 609239/16.

189 A.D.3d 1205 (2020)

138 N.Y.S.3d 103

2020 NY Slip Op 07557

Fran Lupo et al., Appellants, v. Anna's Lullaby Café, LLC, et al., Respondents. (And a Third-Party Action.).

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

Decided December 16, 2020.


Attorney(s) appearing for the Case

Cooper & Paroff, P.C., Kew Gardens, NY ( Ira G. Cooper of counsel), for appellants.

Balkin, J.P., Leventhal, Barros and Wooten, JJ., concur.


Ordered that the appeal from the order dated October 19, 2018, is dismissed, as that order was superseded by the order dated March 8, 2019, made upon reargument; and it is further,

Ordered that the order dated March 8, 2019, is modified, on the law, (1) by deleting the provision thereof adhering to the determination in the order dated October 19, 2018, awarding the defendants summary judgment dismissing the first and second causes of action, and substituting therefor...

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