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COBRIN v. COUNTY OF MONROE

212 A.D.2d 1011 (1995)

623 N.Y.S.2d 680

Jack Cobrin, Appellant, et al., Plaintiff, v. County of Monroe, Respondent

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

February 3, 1995

Judgment unanimously reversed on the law with costs, motion denied and complaint reinstated.

Memorandum:

Jack Cobrin (plaintiff) appeals from an order that granted defendant's motion for summary judgment. Subsequently, a judgment was entered dismissing the complaint. Because the order appealed from was subsumed in the judgment, the proper appeal is from the judgment. Nevertheless, we exercise our discretionary power...

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