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ROTONDI v. HORNING

168 A.D.2d 944 (1990)

Donna L. Rotondi et al., Appellants, v. Elmer R. Horning, Respondent

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

December 21, 1990

Order unanimously reversed on the law with costs, motion granted and matter remitted to Supreme Court for further proceedings, in accordance with the following

memorandum:

Supreme Court abused its discretion by denying plaintiffs' application for leave to renew a motion for summary judgment. Plaintiff Donna Rotondi, during the pendency of a motion for summary judgment, consulted with an orthopedic surgeon regarding...

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