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DOLCE v. POWALSKI

13 A.D.3d 1200 (2004)

787 N.Y.S.2d 595

NANCY DOLCE et al., Appellants, v. MARK POWALSKI, D.D.S., et al., Appellants-Respondents, et al., Defendants.

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

December 30, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motions in their entirety, reinstating the second cause of action against defendants Mark Powalski, D.D.S. and Carlos Martinez, M.D., granting the cross motion in its entirety, and dismissing the first affirmative defense of defendant Carlos Martinez, M.D. and as modified the order is affirmed without costs...

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