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MARTIN v. BALDWIN UNION FREE SCHOOL DISTRICT

271 A.D.2d 579 (2000)

706 N.Y.S.2d 712

WILLIAM J. MARTIN et al., Respondents, v. BALDWIN UNION FREE SCHOOL DISTRICT, Defendant and Third-Party Plaintiff-Appellant, JOSEPH ZARZA, INC., Appellant, and JOSEPH ZARZA, Respondent. KEN-L METAL AND PANEL SYSTEMS, INC., Third-Party Defendant-Respondent.

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

Decided April 17, 2000.

Ordered that the order is modified by (1) deleting the provision thereof denying the motion of the defendant third-party plaintiff Baldwin Union Free School District to compel the plaintiff William J. Martin to appear for an oncological examination and substituting therefor a provision granting the motion, and (2) deleting the provision thereof denying that branch of the cross motion of the defendant Joseph Zarza, Inc., which was for summary judgment dismissing the complaint...

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