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FAULKNER JR. v. CITY OF NEW YORK

47 A.D.3d 879 (2008)

851 N.Y.S.2d 234

VINCENT J. FAULKNER, JR., et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided January 29, 2008.

Ordered that the appeal from the order dated April 27, 2006 is dismissed, as that order was superseded by the order dated September 26, 2006, made upon reargument; and it is further,

Ordered that the order dated September 26, 2006 is modified, on the law, by deleting the provision thereof, upon reargument, adhering to the prior determination granting that branch of the plaintiffs' motion which was to dismiss the ninth affirmative defense and substituting therefor...

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