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CERNIGLIA v. CHURCH OF THE HOLY NAME OF MARY

2009-03126, 2009-03669

72 A.D.3d 862 (2010)

901 N.Y.S.2d 286

DANIEL CERNIGLIA, Respondent, v. CHURCH OF THE HOLY NAME OF MARY et al., Appellants, et al., Defendants.

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

Decided April 20, 2010.

Ordered that the appeal from the order dated February 18, 2009, is dismissed as abandoned; and it is further,

Ordered that the order dated October 14, 2008, is modified, on the law, by deleting the provisions thereof denying those branches of the cross motion of the defendants Church of the Holy Name of Mary and Roman Catholic Archdiocese of New York which were pursuant to CPLR 3211 (a) (1) to dismiss the first cause of action and, with respect to the fourth cause...

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