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JOHNSON v. TRANQUILLE

70 A.D.3d 645 (2010)

892 N.Y.S.2d 896

BOSWELL A. JOHNSON et al., Respondents, v. BERTIN TRANQUILLE et al., Appellants.

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

Decided February 2, 2010.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and, upon reargument, the determination in an order dated November 5, 2007, granting the defendants' motion for summary judgment dismissing the complaint and denying the plaintiffs' cross motion for summary judgment on the issue of liability is adhered to, and an order dated March 28, 2008, is vacated.

Contrary to the determination of the...

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