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McGREGOR v. AVELLANEDA

50 A.D.3d 749 (2008)

855 N.Y.S.2d 625

STACEY McGREGOR, Appellant, v. CACERES R. AVELLANEDA et al., Defendants and Third-Party Plaintiffs-Respondents. DONALD A. BLEAKLEY, Third-Party Defendant-Respondent.

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

Decided April 8, 2008.

Ordered that the order dated March 13, 2007 is reversed, on the law, the defendants' motion for summary judgment dismissing the complaint and that branch of the third-party defendant's motion which was for summary judgment dismissing the complaint are denied; and it is further,

Ordered that the appeal from the order dated May 30, 2007 is dismissed, as no appeal lies from an order denying reargument, and, in any event, the appeal has been rendered academic in light...

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