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IPPOLITO v. FAMILY MEDICINE OF TARRYTOWN AND OSSINING, LLP

46 A.D.3d 752 (2007)

847 N.Y.S.2d 681

ELIO J. IPPOLITO, Respondent, v. FAMILY MEDICINE OF TARRYTOWN AND OSSINING, LLP, et al., Appellants.

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

Decided December 18, 2007.

Ordered that the order dated January 8, 2007 is reversed, on the law, and the motion for summary judgment in lieu of complaint is denied; and it is further,

Ordered that the appeal from the order dated March 19, 2007 is dismissed as academic, in light of our determination of the appeal from the order dated January 8, 2007; and it is further,

Ordered that one bill of costs is awarded to the defendants.

"[A] document comes within CPLR 3213 if a prima...

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