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WERNER v. CENT. GEN. RADIOLOGISTS

130 A.D.2d 574 (1987)

Daniel Werner, Respondent, v. Central General Radiologists et al., Defendants, and Ergi J. Pesiri, Appellant

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

May 11, 1987

Ordered that the appeal from the order entered November 12, 1985, is dismissed, as that order was superseded by the order dated May 29, 1986, made upon renewal and reargument; and it is further,

Ordered that the order dated May 29, 1986, is modified, on the law, by deleting the provision thereof which adhered to so much of the prior determination as granted that branch of the plaintiff's motion which was to dismiss the defendant's second affirmative defense alleging...

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