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JOSEPH v. LAYNE

24 A.D.3d 516 (2005)

808 N.Y.S.2d 253

KENOLD JOSEPH, Respondent, v. RICHARDO LAYNE, Defendant, and DAVID ANTHONY NELMS et al., Appellants.

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

December 12, 2005.

Ordered that the order is reversed, on the law, with costs to the appellants payable by the plaintiff, the appellants' motion is granted, upon searching the record, the motion of the defendant Richardo Layne for summary judgment dismissing the complaint insofar as asserted against him is granted, so much of the order dated January 12, 2005, as denied the motion of the defendant Richardo Layne is vacated, and the complaint is dismissed...

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