GENOVESE v. GAMBINO


309 A.D.2d 832 (2003)

766 N.Y.S.2d 213

CARMEL GENOVESE, Respondent, et al., Plaintiff, v. ANTHONY T. GAMBINO et al., Appellants, et al., Defendants.

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

Decided October 20, 2003.


Ordered that the appeal from so much of the order dated July 25, 2002, as denied that branch of the motion which was for summary judgment dismissing so much of the third cause of action as alleges breach of contract for failure to return patient records is dismissed, without costs or disbursements, as that part of the order was superseded by so much of the order dated November 13, 2002, as was made upon renewal; and it is further,

Ordered that the appeal from so much...

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