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LaGUARDIA v. CITY OF NEW YORK

237 A.D.2d 257 (1997)

655 N.Y.S.2d 395

Mario LaGuardia, Appellant, v. City of New York, Respondent

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

March 3, 1997

Ordered that the judgment is reversed, on the law, with costs, the order dated February 14, 1996, is vacated, and the defendant's motion to dismiss the complaint is denied.

The defendant's oral motion to dismiss the complaint was unsupported by affidavits, sworn testimony, or any other competent submission which would warrant granting it (see, Kaiser v J & S Realty, 173 A.D.2d 920; Double A Limousine Serv. v...

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