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AVELLINO v. TRIZECHAHN NEWPORT, INC.

5 A.D.3d 519 (2004)

772 N.Y.S.2d 867

ELIZABETH AVELLINO, Appellant, v. TRIZECHAHN NEWPORT, INC., et al., Respondents.

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

March 15, 2004.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the cross motion of the defendant Triumph Cleaning Corp. for summary judgment dismissing the complaint insofar as asserted against it and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, without costs or disbursements, and the complaint is reinstated insofar as asserted against that defendant.

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