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NESATHURAI v. UNIVERSITY AT BUFFALO

23 A.D.3d 1072 (2005)

803 N.Y.S.2d 494

SHANKER NESATHURAI, M.D., Appellant, v. UNIVERSITY AT BUFFALO, STATE UNIVERSITY of NEW YORK, et al., Defendants, and JAMES CZYRNY, Respondent. (Appeal No. 2.)

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

November 10, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law and in the exercise of discretion without costs, the motion is granted, the counterclaim is dismissed, and that part of the cross motion seeking leave to serve an amended answer to include the proposed amended counterclaim, excepting therefrom subparagraphs (a) and (b) of paragraph 28, is granted upon condition that defendant...

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