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RIVERA v. FRANCIS

7 A.D.3d 690 (2004)

776 N.Y.S.2d 840

WILLIAM L. RIVERA ET AL., Respondents, v. ALEXANDER FRANCIS, Appellant.

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

May 17, 2004.

Ordered that the appeal from the order dated September 16, 2003, is dismissed as abandoned (see 22 NYCRR 670.8 [e]); and it is further,

Ordered that the order dated October 7, 2003, is reversed, on the law, the motion is granted, and the complaint is dismissed; and it is further,

Ordered that one bill of costs is awarded to the defendant.

The defendant made a prima facie showing that the plaintiff William Liburd Rivera (hereinafter the plaintiff...

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