Order, Supreme Court, New York County (Debra A. James, J.), entered February 5, 2010, which granted plaintiffs motion for leave to reargue the parties’ motions for summary judgment on the cause of action for damages pursuant to RFAEL 853 and, upon reargument, granted plaintiffs motion for summary judgment on the issue of liability on that cause of action as against defendant 790 RSD Acquisition only and denied defendants’ motion for summary judgment dismi…
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