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MYRIE v. CITY OF NEW YORK

306 A.D.2d 389 (2003)

760 N.Y.S.2d 893

MELFORD MYRIE, Appellant-Respondent, et al., Plaintiff, v. CITY OF NEW YORK et al., Respondents, and BARNETT DALEY, Respondent-Appellant. (And a Third-Party Action.)

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

Decided June 16, 2003.

Ordered that the order is modified, on the law, by (1) deleting the provision thereof denying Melford Myrie's motion for summary judgment dismissing the defendants' counterclaims, and substituting therefor a provision granting that motion, and (2) deleting the provision thereof denying the cross motion of the defendant Barnett Daley for summary judgment dismissing the complaint and all cross claims insofar as asserted against him and substituting therefor a provision granting...

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