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GIAMMALVA v. WINTERS

59 A.D.3d 595 (2009)

873 N.Y.S.2d 227

GASPARE GIAMMALVA, Respondent, v. RICHARD T. WINTERS et al., Appellants.

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

Decided February 17, 2009.

Ordered that the appeal by the defendant Albino Nigro is dismissed as abandoned (see 22 NYCRR 670.8[c], [e]); and it is further,

Ordered that the order is affirmed insofar as appealed from by the defendants Richard T. Winters and Richard Winters, with costs payable to the plaintiff by those defendants.

The defendants Richard T. Winters and Richard Winters (hereinafter the appellants) failed, in support of their cross motion, to meet their prima facie...

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