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MORALES v. LUNA

205 A.D.2d 673 (1994)

614 N.Y.S.2d 302

David Morales, Respondent, v. Guzman C. Luna et al., Appellants, et al., Defendant. (And a Third-Party Action.)

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

June 20, 1994

Ordered that the order dated September 22, 1992, is reversed insofar as appealed from, on the law, with costs, the plaintiff's motion is denied, the order dated June 11, 1992, is reinstated, the complaint is dismissed as against the defendants, Guzman C. Luna and Carmelo G. Luna, the third-party complaint is dismissed, and the action against the remaining defendant is severed.

The plaintiff failed to establish that he had...

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