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SEE v. ARIAS

209 A.D.2d 503 (1994)

619 N.Y.S.2d 610

Marisela See, Respondent, v. Rafael B. Arias, Appellant

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

November 14, 1994

Ordered that the order is affirmed, with costs, for reasons stated by Justice Kohn in his decision at the Supreme Court.

Balletta, J. P., dissents and votes to reverse the order, on the law, to deny the plaintiff's motion, to grant the defendant's motion, and to dismiss the complaint, with the following memorandum:

I disagree with the majority and vote to reverse the order appealed from. The plaintiff's motion to strike the affirmative defense...

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