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CAPECE v. LITTLE FALLS URBAN RENEWAL AGENCY, INC.

64 A.D.2d 1018 (1978)

Donald J. Capece, Appellant, v. Little Falls Urban Renewal Agency, Inc., et al., Respondents Little Falls Urban Renewal Agency, Inc., Third-Party Plaintiff-Respondent, v. D. W. Winkelman Co. Inc., Third-Party Defendant-Respondent

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

September 22, 1978

Order unanimously reversed, with costs, and motion granted.

Memorandum:

Plaintiff's moving papers demonstrate that it was not clear until December, 1977, less than one month prior to bringing the motion, that the laminectomy had not been successful, that plaintiff's back discomfort had not lessened, and that, therefore, his disability was complete and he would probably not be returning to work. Defendants have failed...

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