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ZYSK v. BLEY

24 A.D.3d 757 (2005)

806 N.Y.S.2d 705

IRENA ZYSK, Appellant, v. LEONARD M. BLEY, Defendant, and BROOKLYN EYE SURGERY CENTER, LLC, Respondent.

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

December 27, 2005.

Ordered that the judgment is reversed, on the facts and as an exercise of discretion, the motion is denied, the complaint is reinstated insofar as asserted against the defendant Brooklyn Eye Surgery Center, LLC, the order dated June 16, 2004, is vacated, and the matter is remitted to the Supreme Court, Kings County, for a new trial, with costs to abide the event.

The record indicates that on the afternoon of Monday, March...

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