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ORTIZ v. DELMAR RECYCLING CORP.

244 A.D.2d 392 (1997)

665 N.Y.S.2d 551

Orlando Ortiz, Appellant, v. Delmar Recycling Corp. et al., Respondents

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

November 10, 1997

Ordered that the order is reversed, as a matter of discretion, with costs, the motion is granted, the cross motion is denied, and the matter is remitted to the Supreme Court, Queens County, for an inquest on damages.

The Supreme Court improvidently exercised its discretion in denying the plaintiff's motion and granting the defendants' cross motion. It was incumbent upon the defendants to present a reasonable cause for the...

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