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MARCULESCU v. OVANEZ

27 A.D.3d 701 (2006)

815 N.Y.S.2d 598

OVIDIU MARCULESCU, Respondent, v. ALEXANDRU OVANEZ, Appellant, et al., Defendants.

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

March 28, 2006.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 A.D.2d 509 [1984]); and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, those branches of the motion which were for summary judgment on the issue of liability, to strike the appellant's answer, and to refer the matter to a referee, inter alia, for a...

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