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NEAR v. WAGNER POOL COMPANY

15 A.D.3d 551 (2005)

789 N.Y.S.2d 739

ERNEST G. NEAR et al., Respondents, v. WAGNER POOL COMPANY et al., Defendants, and DIMITRY JODIDIO et al., Appellants.

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

February 22, 2005.

Ordered that the order dated April 1, 2004, is reversed insofar as appealed from, on the law, with costs, upon renewal, the motion for summary judgment is granted, the order dated September 5, 2003, is vacated, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

Upon renewal, the appellants submitted the transcripts of their own deposition testimony as well as that of the injured

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