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SALOMON v. HAMPTON ATHLETIC CLUB, INC.

245 A.D.2d 282 (1997)

666 N.Y.S.2d 19

John C. Salomon, Appellant, v. Hampton Athletic Club, Inc., Defendant, and Charles J. Vandercook et al., Respondents

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

December 1, 1997

Ordered that the appeal from the order entered May 14, 1996, is dismissed, as that order was superseded by the order dated January 15, 1997, made upon renewal; and it is further,

Ordered that the order dated January 15, 1997, is affirmed insofar as appealed from; and it is further,

Ordered that the respondents are awarded one bill of costs.

Contrary to the plaintiff's assertion, the court properly dismissed the second cause of action, asserted against...

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