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BAKER v. CITY OF NEW YORK

44 A.D.3d 977 (2007)

845 N.Y.S.2d 799

LEROY BAKER, Respondent, v. CITY OF NEW YORK et al., Appellants, et al., Defendants.

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

Decided October 30, 2007.

Ordered that the appeal by the defendant Dan Berman from so much of the order dated January 27, 2006, as denied that branch of his motion which was for summary judgment dismissing the cause of action alleging malicious prosecution insofar as asserted against him is dismissed, as that portion of the order was superseded by the order dated June 15, 2006, made upon reargument; and it is further,

Ordered that the order dated January 27, 2006 is reversed insofar as appealed...

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