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HALPERIN v. WALDBAUM'S SUPERMARKET

236 A.D.2d 514 (1997)

653 N.Y.S.2d 686

Marilyn Halperin, Respondent, and Elliot Halperin, Plaintiff, v. Waldbaum's Supermarket, Also Known as Waldbaum, Inc., Appellant

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

February 18, 1997

Ordered that the appeal from so much of the order as denied that branch of the defendant's motion which was to dismiss the complaint insofar as asserted on behalf of the plaintiff Elliot Halperin is dismissed and that portion of the order is vacated; and it is further,

Ordered that the order is otherwise reversed, on the law, that branch of the defendant's motion which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff Marilyn Halperin...

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