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JACKSON v. THOMAS

35 A.D.3d 666 (2006)

826 N.Y.S.2d 433

BERNICE JACKSON, Respondent, v. FRANK THOMAS et al., Appellants, et al., Defendants.

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

Decided December 19, 2006.

Ordered that the appeal from the order entered June 29, 2005 is dismissed, as that order was superseded by the order dated December 6, 2005; and it is further,

Ordered that the order dated December 6, 2005 is reversed, on the law, the renewed motion for summary judgment dismissing the complaint insofar as asserted against the appellants is granted, and the order entered June 29, 2005 is vacated; and it is further,

Ordered that one bill of costs is awarded...

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