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SMOLKIN v. DRIVER

202 A.D.2d 573 (1994)

610 N.Y.S.2d 806

Matthew Smolkin, an Infant, by His Father and Natural Guardian, Stanley Smolkin, et al., Respondents, v. Joey Driver, an Infant, by His Mother and Natural Guardian, Mary E. Driver, Respondent, and S.H. Laufer Vision World, Inc., Appellant

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

March 21, 1994

Ordered that the appeal from the order dated February 24, 1992, is dismissed, as that order was superseded by the order entered April 29, 1992, made upon reargument; and it is further,

Ordered that the order entered April 29, 1992, is reversed insofar as appealed from, on the law, the order dated February 24, 1992, is vacated, and, upon reargument, the motion for summary judgment is granted and the complaint is dismissed insofar as it is asserted against the appellant...

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