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MUNOZ v. NEW YORK TEL.

228 A.D.2d 656 (1996)

644 N.Y.S.2d 978

Fausto Munoz et al., Plaintiffs, v. New York Telephone, Defendant and Third-Party Plaintiff-Respondent, et al., Third-Party Defendants. Gregory Studencki, Doing Business as DETAIL, Third-Party Defendant-Appellant

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

June 24, 1996

Ordered that the order dated June 5, 1995, is reversed, on the facts, and the matter is remitted to the Supreme Court, Nassau County, for a de novo determination of the plaintiff's motion pursuant to CPLR 308 (5), after a hearing in accordance herewith; and it is further,

Ordered that the order dated June 8, 1995, is modified by deleting the second paragraph thereof and by adding to the first paragraph thereof, after the words "is denied" the following, "without prejudice...

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