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LIPSCHITZ v. McCANN

13 A.D.3d 417 (2004)

785 N.Y.S.2d 567

EUGENE LIPSCHITZ, Respondent, v. PETER McCANN et al., Appellants.

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

December 13, 2004.

Ordered that the appeal by the defendant Insall Scott Kelly Institute for Orthopedics and Sports Medicine is dismissed as abandoned, without costs or disbursements, for failure to perfect the same in accordance with the rules of this Court (see 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the order is reversed insofar as reviewed, on the law and as a matter of discretion, with one bill of costs payable to the appellants Gary Cohen, Bay Physical...

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