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NETBAI v. NEW YORK STATE ELEC. & GAS CORP.

162 A.D.2d 862 (1990)

Maricica Netbai, Individually and as Administratrix of The Estate of Mircea Netbai, Deceased, Appellant, v. New York State Electric and Gas Corporation, Respondent

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

June 21, 1990

Yesawich, Jr., J.

Although an order striking scandalous or prejudicial matter from a pleading is not appealable as of right (see, CPLR 5701 [b] [3]) and permission to appeal has not heretofore been obtained (see, CPLR 5701 [c]), plaintiff's belated motion for permission to do so is hereby granted in the exercise of our discretion. Regarding the merits of the appeal, we affirm and agree with the reasoning of Supreme Court in its decision...

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