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SURIANO v. CITY OF NEW YORK

240 A.D.2d 486 (1997)

658 N.Y.S.2d 654

Mario Suriano et al., Respondents, v. City of New York, Appellant-Respondent, Manuel Elken, Co., P. C., et al., Respondents, Willets Point Contracting Corp., Respondent-Appellant, et al., Defendants

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

June 9, 1997

Ordered that the appeal by the City of New York from so much of the order dated February 27, 1996, as granted summary judgment to the defendants Manuel Elken, Co., P. C., Manuel Elken, Manuel Elken, Inc., and Manuel Elken Consulting Engineers, Inc., is dismissed, as that portion of the order was superseded by so much of the order dated April 19, 1996, made upon reargument; and it is further,

Ordered that the order dated February 27, 1996, is modified, on the law,...

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