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ACOSTA v. RUBIN

2 A.D.3d 657 (2003)

768 N.Y.S.2d 642

JOHANNA ACOSTA et al., Appellants, v. PATRICIA C. RUBIN et al., Respondents.

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

December 22, 2003.

Ordered that the order dated November 20, 2002, is reversed insofar as reviewed, on the law and as a matter of discretion, that branch of the plaintiffs' motion which was for leave to renew is granted, and upon renewal, the order dated August 7, 2002, is vacated, and the defendants' motion for summary judgment dismissing the complaint is denied; and it is further,

Ordered that the appeal from the order dated August 7, 2002, is dismissed as academic; and it is further...

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