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ZIELINSKI v. VAN PELT

9 A.D.3d 874 (2004)

781 N.Y.S.2d 549

CARRIE ZIELINSKI, Respondent, v. ROBERT C. VAN PELT et al., Appellants, et al., Defendants. (Appeal No. 2.)

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

July 9, 2004.

It is hereby ordered that said appeals from the order insofar as it concerned bifurcation of trial be and the same hereby are unanimously dismissed (see Matter of Chendo O., 175 A.D.2d 635) and the order is modified on the law by granting the motion of defendants Stephanie A. Smith and Donald L. Smith for summary judgment and dismissing the complaint and cross claims against them and as modified the order is affirmed without costs...

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