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FELIX v. HERBY REALTY CORP.

248 A.D.2d 431 (1998)

668 N.Y.S.2d 944

Kenneth Felix, Respondent, v. Herby Realty Corp., Appellant

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

March 9, 1998

Ordered that the appeal is dismissed, with costs to the plaintiff.

After the conclusion of the trial, the defendant moved to set aside the verdict as to damages. That motion was denied by order dated July 26, 1996, and the defendant took an appeal from that order. Thereafter, the appeal appeared on the dismissal calendar, and was dismissed for want of prosecution by decision and order of this Court dated May 12, 1997. The...

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