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GORMAN v. HOME PROPERTIES BARI MANOR, LLC

50 A.D.3d 956 (2008)

857 N.Y.S.2d 202

CAROL GORMAN, Respondent, v. HOME PROPERTIES BARI MANOR, LLC, Appellant. (And a Third-Party Action.)

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

Decided April 22, 2008.

Ordered that on the Court's own motion, the notice of appeal from the order is deemed a premature notice of appeal from the judgment (see CPLR 5520 [c]); and it is further,

Ordered that the judgment is reversed, on the facts and in the exercise of discretion, the plaintiffs' application to strike the defendant's answer is denied, the order is modified accordingly, and the matter is remitted to the Supreme Court, Westchester County, for a new trial, with costs...

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