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O'SULLIVAN v. FISCHO CORP.

145 Misc.2d 401 (1989)

James P. O'Sullivan et al., Plaintiffs, v. Fischo Entertainment Corp. et al., Defendants.

Supreme Court, Suffolk County.

September 8, 1989

Attorney(s) appearing for the Case

Robert J. Passarelli for Stephen T. Schwicke, defendant. Martin, Fallon & Mulle for Fischo Entertainment Corp., defendant. Siben & Siben for plaintiffs.

JOHN COPERTINO, J.

This is a case involving a Suffolk County police officer who was injured in the line of duty. Defendant Schwicke moves for a reargument of this court's decision dated December 16, 1988 wherein his motion to dismiss pursuant to CPLR 3211 (a) (5) had been denied. Schwicke now seeks summary judgment pursuant to CPLR 3212 based on a recently decided case claimed to be dispositive of plaintiffs...

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