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LIANTONIO v. BAUM

95 Misc.2d 636 (1978)

Charles Liantonio, Plaintiff, v. Victor Baum, Defendant.

Supreme Court, Special Term, Kings County.

July 31, 1978

Attorney(s) appearing for the Case

John H. Mulvehill for plaintiff. Anthony L. Schiavetti for defendant.

ARTHUR S. HIRSCH, J.

Plaintiff moves to reargue and to vacate the order of this court dated September 19, 1977 and for a further order striking defendant's affirmative defense. (See 91 Misc.2d 433.)

The court had previously found that plaintiff's malpractice action against a fellow worker (a physician also employed by the Department of Sanitation of the City of New York) was

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