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SCHOMAKER v. PECORARO

237 A.D.2d 424 (1997)

654 N.Y.S.2d 830

Lucille Schomaker, Appellant, v. Nunzio Pecoraro et al., Respondents

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

March 17, 1997

Ordered that the appeal from the order is dismissed, without costs and disbursements; and it is further,

Ordered that the judgment is modified, on the law, by deleting the provision thereof which dismissed the first cause of action asserted in the complaint; as so modified, the judgment is affirmed, without costs and disbursements, the defendants' motions to dismiss the first cause of action are denied, and the matter is remitted to the Supreme Court, Nassau County...

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