BENNETT v. FELDMAN


151 A.D.2d 454 (1989)

Thomas Bennett et al., Respondents, v. Sandy Feldman et al., Appellants

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

June 5, 1989


Ordered that the order is modified by deleting therefrom the provision which, upon renewal, vacated the prior order granting summary judgment to the defendants and denied the defendants' motion for summary judgment and substituting therefor a provision adhering to the original determination; as so modified, the order is affirmed, without costs or disbursements.

In view of the plaintiffs' difficulties in contacting the alleged eyewitness, despite apparently diligent...

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