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ANASTASIO v. RUSSELL

187 A.D.2d 548 (1992)

Armand Anastasio et al., Respondents, v. Charmack A. Russell, Respondent, Ross S. Greenberg, Appellant, et al., Defendant. (Action No. 1.) Joseph Cozza et al., Respondents, v. County of Suffolk et al., Defendants, Ross Greenberg, Appellant, and Russell Charmack, Respondent. (Action No. 2.)

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

November 16, 1992

Ordered that the order is affirmed, with costs payable to the defendant-respondent.

The appellant failed to demonstrate that the granting of the motion would result in any prejudice to him (see, Bernstein v Spatola, 122 A.D.2d 97). Moreover, the admission made by the appellant, in his examination before trial, that he had "stole[n] the car" established the merit of the movant...

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