DEL BENE v. FRANK C. PERRY, DDS, P.C.

2010-02024, 2010-07984.

83 A.D.3d 771 (2011)

921 N.Y.S.2d 150

PATRICIA DEL BENE, Appellant, v. FRANK C. PERRY, DDS, P.C., et al., Respondents.

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

Decided April 12, 2011.


Ordered that the order dated July 19, 2010, is reversed insofar as appealed from, on the law, on the facts, and in the exercise of discretion, that branch of the plaintiff's motion which was for leave to renew her opposition to the defendants' motion for summary judgment is granted, upon renewal, the defendants' motion for summary judgment dismissing the complaint is denied, and the order dated December 14, 2009, is vacated; and...

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