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HERRERA v. CITY OF NEW YORK

211 A.D.2d 759 (1995)

622 N.Y.S.2d 524

Rene Herrera, Appellant, v. City of New York, Respondent

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

January 30, 1995

Ordered that the appeal from the order dated October 9, 1992, is dismissed, as that order was superseded by the order dated November 18, 1992, made upon reargument; and it is further,

Ordered that the order dated November 18, 1992, is modified, on the law and as a matter of discretion, by deleting the provision thereof which adhered to the court's prior determination and substituting therefor provisions (1) denying the defendant's cross motion to dismiss the complaint...

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