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PEOPLE v. WALDRON

4 N.Y.3d 837 (2005)

PEOPLE v. WALDRON

Court of Appeals of the State of New York.

March 21, 2005.

Attorney(s) appearing for the Case

Fiedelman & McGaw, Jericho (Dawn C. DeSimone of counsel), for appellant.

Robert Weiss, New York City, for respondent.

William D. Fireman, P.C., New York City (William D. Fireman of counsel), for New York State Trial Lawyers Association, amicus curiae.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.

Application in criminal case for leave to appeal granted. (Hayes, J.). order of the Supreme Court, Bronx County (Douglas E. McKeon, J.), which had granted defendant's motion for summary judgment dismissing the complaint, (2) denied the motion, and (3) reinstated the complaint. The following question was certified by the Appellate Division: "Was the order of the Supreme Court, as reversed by this Court, properly made?"

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