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MUNDO v. CITY OF YONKERS

249 A.D.2d 522 (1998)

672 N.Y.S.2d 128

Nancy Mundo, Respondent, v. City of Yonkers et al., Appellants, and Paul Resto, Respondent. (Action No. 1.) Paul Resto, Respondent, v. City of Yonkers et al., Appellants. (Action No. 2.)

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

April 27, 1998

Ordered that the appeal from the order entered December 24, 1996, is dismissed, as that order was superseded by the order entered March 11, 1997, made upon reargument; and it is further,

Ordered that the order entered March 11, 1997, is reversed insofar as appealed from, on the law, the motion of the defendant Paul Resto for summary judgment dismissing the complaint and all cross claims insofar as asserted against him in Action No. 1 is denied, those branches of the...

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