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DIAZ v. PHILIP MORRIS COMPANIES, INC.

28 A.D.3d 703 (2006)

815 N.Y.S.2d 109

WILLIAM DIAZ, Appellants, v. PHILIP MORRIS COMPANIES, INC., Defendant, and EXCEL INTERIOR CONSTRUCTION CORP. et al., Respondents.

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

April 25, 2006.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, that branch of the motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (4) and (5), with prejudice, insofar as asserted against the defendant Excel Interior Construction Corp. and the defendants Sergi's Images, Inc., and H. Freund Woodworking Co., Inc., is denied, and the complaint is reinstated insofar as asserted against the defendants Excel Interior...

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