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LUBITZ v. VILLAGE OF SCARSDALE

31 A.D.3d 618 (2006)

819 N.Y.S.2d 92

ERIC LUBITZ, Respondent-Appellant, v. VILLAGE OF SCARSDALE et al., Appellants, and DAVID S. TRISTER et al., Respondents.

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

July 18, 2006.

Ordered that the order is reversed insofar as appealed from by the defendants Village of Scarsdale and Nicola Petringa, on the law, the respective motions of the Village of Scarsdale and Nicola Petringa for summary judgment dismissing the complaint insofar as asserted against them are granted, and the complaint is dismissed in its entirety; and it is further,

Ordered that the order is affirmed insofar as appealed from by the plaintiff; and it is further,

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