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SAVIANO v. CITY OF NEW YORK

5 A.D.3d 581 (2004)

774 N.Y.S.2d 82

RICHARD SAVIANO, Respondent, v. CITY OF NEW YORK et al., Appellants, et al., Defendants.

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

March 15, 2004.

Ordered that the appeal by the defendant New York City Police Department is dismissed, as it is not aggrieved by the order appealed from (see CPLR 5511); and it is further,

Ordered that the order is reversed, on the law, the cross motion is granted, and the complaint and all cross claims are dismissed insofar as asserted against the defendant City of New York; and it is further,

Ordered that upon searching the record, summary judgment is granted to...

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