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WALLKILL MED. DEV., LLC v. MEDI-FAIR, INC.

2019-00268. Index No. 332/17.

202 A.D.3d 875 (2022)

162 N.Y.S.3d 454

2022 NY Slip Op 00899

Wallkill Medical Development, LLC, Appellant, v. Medi-Fair, Inc., et al., Respondents.

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

Decided February 9, 2022.

Attorney(s) appearing for the Case

Bartels & Feureisen, LLP, White Plains, NY ( Michael Fahey of counsel), for appellant.

Marvin Newberg , Monticello, NY, for respondents.

Dillon, J.P., Connolly, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that on the Court's own motion, the notice of appeal from the order dated November 7, 2018, is deemed a premature notice of appeal from the judgment entered April 19, 2019 (see CPLR 5520[c]); and it is further,

Ordered that the judgment is reversed, on the law, the defendants' motion for summary judgment on their counterclaims, which sought certain declaratory relief and an award of attorney's fees pursuant to the parties' lease, and dismissing the...

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