- SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
- Jan 22 2013 (Date Decided)
- Skelos, J.P.; Balkin, Chambers and Miller, JJ.
VINCENT DIGIORGIO ap, v. 1109-1113 MANHATTAN AVENUE PARTNERS, LLC res, ET AL., def — (INDEX NO. 8235/11)In an action, inter alia, for declaratory and injunctive relief, the plaintiffs appeal (1) from so much of an order of Supreme Court, Kings County (Bayne, J.), entered August 16, 2011, as granted those branches of the cross motion of the defendant 1109-1113 Manhattan Avenue Partners, LLC, which were to dismiss the first, second, third, sixth, seventh, and eighth causes of action insofar as asserted against it pursuant to CPLR 3211(a)(7), and "ordered as a matter of law that the remaining occupants of the premises leased by 1109-1113 Manhattan Ave. Partners to CIS Counseling Center are deemed licensees of CIS and are not tenants of the subject premises," and (2) from so much of an order of the same court entered August 17, 2011, as granted those branches of the cross motion of the defendants CIS Counseling Center, Inc., and Donna DeCicco which were to dismiss the first, second, third, fourth, sixth, seventh, and eighth causes of action insofar as asserted against those defendants pursuant to CPLR 3211(a)(7).
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