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RUSSO, JR. v. PENNINGS

46 A.D.3d 795 (2007)

848 N.Y.S.2d 678

JOHN RUSSO, JR., Appellant, v. NICHOLAS J. PENNINGS et al., Respondents.

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

Decided December 18, 2007.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as granted the cross motion of the defendant Dennis Scharfenberger is deemed to be a premature notice of appeal from the judgment (see CPLR 5520 [c]); and it is further,

Ordered that the judgment is reversed, on the law, the complaint is reinstated insofar as asserted against the defendant Dennis Scharfenberger, the cross motion of Dennis Scharfenberger to dismiss the complaint...

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