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SALVAGGIO v. CITY OF NEW YORK

28 A.D.3d 636 (2006)

812 N.Y.S.2d 369

JAMES SALVAGGIO, Appellant-Respondent, v. CITY OF NEW YORK et al., Defendants, and JORO CARTING, INC., Respondent-Appellant.

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

April 18, 2006.

Ordered that the appeal from the order is dismissed as abandoned (see 22 NYCRR 670.8 [e] [1]); and it is further,

Ordered that the order is reversed insofar as cross-appealed from, the motion is granted, the complaint is dismissed insofar as asserted against the defendant Joro Carting, Inc., and the action against the remaining defendants is severed; and it is further,

Ordered that one bill of costs is awarded to the defendant Joro Carting, Inc.

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