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  5. 62 A.D.2d 1015 (1978)
 

POLLIO DAIRY PRODS. CORP. v. SORRENTO CHEESE CO., INC.

62 A.D.2d 1015 (1978)

Pollio Dairy Products Corporation, Respondent, v. Sorrento Cheese Company, Inc., et al., Appellants

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

April 10, 1978

Order dated December 16, 1977 reversed, without costs or disbursements, and action remanded to Trial Term for a hearing on the motion, at which the court shall consider the impact of the recanting affidavit of Mr. John A. Russo and any other like evidence which the parties may deem it advisable to present.

The appeals from the judgment and the order entered on December 12, 1977 are held in abeyance pending the outcome of...

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