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ROBARGE v. GERHATH

77 A.D.2d 618 (1980)

Mary Robarge, Respondent, v. Ivan Gerhath, Appellant

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

July 21, 1980

Order reversed insofar as appealed from, and plaintiff's motion is denied in its entirety, without costs or disbursements.

Summary judgment was granted on the basis of the collateral estoppel effect of the criminal conviction of the defendant doctor of attempted assault in the third degree. In view of this court's reversal of the conviction (People v Gerhath, 77 A.D.2d 628), summary judgment should not...

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