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GARGUILO v. CITY OF NEW YORK

280 A.D.2d 515 (2001)

720 N.Y.S.2d 397

FRANK GARGUILO, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided February 13, 2001.

Ordered that the judgment is modified, on the law, by deleting the decretal paragraph thereof which, in effect, dismissed the complaint insofar as asserted against the defendants Lutheran Medical Center and Gerard M. Casale; as so modified, the judgment is affirmed, with costs to the plaintiff, payable by the defendants Lutheran Medical Center and Gerard Casale, a new trial is granted with respect to those defendants, and the action against the remaining defendants is severed...

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