General
Richard Foster et al., Respondents-Appellants, v. Alan Spevack, Individually and as Trustee of Stateway Plaza Shopping Centre, a Joint Venture, et al., Appellants-Respondents and Fred Tontarski et al., Respondents
198 A.D.2d 895605 N.Y.S.2d 994·New York Supreme Court, Appellate Division·1993·NY
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Opinion
Richard Foster et al., Respondents-Appellants, v Alan Spevack, Individually and as Trustee of Stateway Plaza Shopping Centre, a Joint Venture, et al., Appellants-Respondents and Fred Tontarski et al., Respondents.
(Appeal No. 2.)
[605 NYS2d 994]
[MAJORITY]
—Order unanimously modified on the law and as modified affirmed without costs. Same Memorandum as in Foster v Spevack (198 AD2d 892 [decided herewith]). (Appeals from Order of Supreme Court, Jefferson County, Gilbert, J.— Dismiss Complaint.) Present — Callahan, J. P., Green, Balio, Fallon and Boehm, JJ.