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MITCHELL v. MENDEZ

107 A.D.2d 737 (1985)

William P. Mitchell, Appellant, v. Alfonso Mendez, Respondent. (Action No. 1.) William P. Mitchell, Appellant, v. John J. Senko, Jr., et al., Defendants, and Alfonso Mendez, Respondent. (Action No. 2.)

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

January 22, 1985

Order dated January 17, 1984 reversed, that branch of plaintiff's motion which sought leave to renew granted, and upon renewal, order dated August 23, 1983 modified by deleting the provision which directed that a traverse hearing be held, and substituting therefor a provision denying that branch of respondent's motion which sought dismissal of action No. 2, original determination otherwise adhered to, and that branch of plaintiff's motion which sought to strike defendant...

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