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AUGUSTINE v. DANDREA

274 A.D.2d 964 (2000)

711 N.Y.S.2d 810

LABONTE AUGUSTINE, Respondent, v. MELISSA A. DANDREA et al., Appellants. (Appeal No. 2.)

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

Decided July 7, 2000.

Order modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Augustine v Dandrea (274 A.D.2d 962 [decided herewith]).

All concur except Scudder, J., who dissents and votes to reverse in the following Memorandum.

Scudder, J. (dissenting).

I respectfully dissent. I disagree that Supreme Court properly granted plaintiff's motion to set aside the verdict as against...

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