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MERCADO v. GARBACZ

16 A.D.3d 631 (2005)

792 N.Y.S.2d 519

ISRAEL MERCADO, Respondent, v. JERZY GARBACZ et al., Appellants.

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

March 28, 2005.

Ordered that the order is reversed, on the law, the branch of the motion which was pursuant to CPLR 4404 (a) for judgment in favor of the appellants as a matter of law is granted, the judgment is vacated, and the complaint is dismissed; and it is further,

Ordered that the appeal from the judgment is dismissed as academic, in light of our determination on the appeal from the order; and it is further,

Ordered that...

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