VERTUCCI v. DIAZ


192 A.D.2d 703 (1993)

598 N.Y.S.2d 733

James Vertucci, Appellant, v. Jose Diaz, Respondent

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

April 26, 1993


Ordered that the appeal from the order dated September 12, 1990 is dismissed, without costs or disbursements, as that order was superseded by the order dated April 29, 1991, made upon renewal, and it is further,

Ordered that the order dated April 29, 1991, is reversed insofar as appealed from, on the law, without costs or disbursements, the order dated September 12, 1990, is vacated, the defendant's motion for summary judgment is denied, and that branch of the plaintiff...

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