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OLIVER v. GANS

71 A.D.2d 882 (1979)

Mary Oliver et al., Respondents, v. Barry Gans, Appellant, et al., Defendants

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

August 13, 1979

Order affirmed, with $50 costs and disbursements.

Appellant, in effect, conceded his liability in his examination before trial and the papers submitted in opposition to the motion raised no issues requiring a trial.

Gulotta, J., dissents, in part, and votes to modify the order to the extent of denying plaintiffs' motion for summary judgment as to their first cause of action and severing the same from their remaining cause, and, as so modified...

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