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  5. 126 A.D.2d 605 (1987)
 

GROVES v. CITY OF NEWBURGH

126 A.D.2d 605 (1987)

Harry Groves, Respondent, v. City of Newburgh et al., Appellants

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

January 20, 1987

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the action is dismissed, with leave to the plaintiff, if he be so advised, to move to vacate the dismissal of the action upon proper papers, including his affidavit of merit.

The examinations before trial of all of the parties have been conducted in the instant action. Additionally, the plaintiff commenced a separate action against a corporation...

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