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JOHNSON v. MARQUEZ

2 A.D.3d 786 (2003)

770 N.Y.S.2d 377

ANITA JOHNSON et al., Respondents, v. MARTIN MARQUEZ et al., Appellants, et al., Defendant.

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

December 29, 2003.

Ordered that the order dated June 25, 2002, is reversed insofar as appealed from, on the law, the motion to dismiss the complaint insofar as asserted against the defendants Martin Marquez and Samson Telfort pursuant to CPLR 3211 (a) (8) is granted, the complaint is dismissed insofar as asserted against those defendants, and the action insofar as asserted against the remaining defendant is severed; and it is further,

Ordered that the appeal from so much of the order...

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