AVERY v. BAZIN


144 A.D.2d 609 (1988)

Ruby Avery et al., Respondents, v. Ralph Bazin, Appellant

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

November 28, 1988


Ordered that the appeal from the order dated February 2, 1987, is dismissed, as that order was superseded by the order dated July 6, 1987, made upon renewal and reargument; and it is further,

Ordered that the order dated July 6, 1987, is reversed insofar as appealed from, so much of the order dated February 2, 1987, as granted that branch of the plaintiff's motion which was to strike the defendant's first affirmative defense is vacated, and that branch of the motion...

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