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BEYER v. DAIMLERCHRYSLER CORPORATION

293 A.D.2d 432 (2002)

741 N.Y.S.2d 248

ELYSE R. BEYER, Respondent, v. DAIMLERCHRYSLER CORPORATION, Appellant, et al., Defendant.

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

Decided April 1, 2002.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is denied as academic in light of the decision of the Court of Appeals in DiCintio v DaimlerChrysler Corp. (97 N.Y.2d 463); and it is further,

Ordered that on the Court's own motion, the opinion and order of this Court, dated October 1, 2001 (see Beyer v DaimlerChrysler Corp.,

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