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BROAT v. NEW YORK RACING ASS'N, INC.

255 A.D.2d 285 (1998)

679 N.Y.S.2d 638

Neil Broat, Respondent, v. New York Racing Association, Inc., Appellant

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

November 2, 1998

Ordered that the appeal from the order dated October 24, 1997, is dismissed, as that order was superseded by the order dated January 12, 1998, made upon reargument; and it is further,

Ordered that the order dated January 12, 1998, is reversed insofar as reviewed, on the law, the order dated October 24, 1997, is vacated, the defendant's motion for summary judgment is granted, and the complaint is dismissed; and it is further,

Ordered that the defendant is awarded...

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