CANNISTRA v. GIBBONS


224 A.D.2d 570 (1996)

639 N.Y.S.2d 48

Edmund J. Cannistra, an Infant, by His Parent and Natural Guardian, Joseph E. Cannistra, et al., Appellants-Respondents, v. Robert S. Gibbons et al., Defendants, and Donald Gibbons, Respondent-Appellant

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

February 20, 1996


Ordered that the order is reversed insofar as cross-appealed from, the branch of the motion which was for renewal is denied, and the balance of the order, adhering to the original determination, is vacated; and it is further,

Ordered that the appeal by the plaintiffs is dismissed as academic in light of the determination on the cross appeal; and it is further,

Ordered that defendant Donald Gibbons is awarded costs.

The instant appeal marks the fourth...

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