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McDERMOTT v. BAHNATKA

2010-01331, 2010-06069.

83 A.D.3d 1014 (2011)

921 N.Y.S.2d 574

STEVEN McDERMOTT, Appellant, v. LEIGH A. BAHNATKA et al., Respondents.

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

Decided April 26, 2011.

Ordered that the order dated December 21, 2009, is reversed, on the facts and in the exercise of discretion, without costs or disbursements, and the defendants' separate motions pursuant to CPLR 3126 to dismiss the complaint insofar as asserted against each of them are denied; and it is further,

Ordered that the appeal from the order dated May 20, 2010, is dismissed as academic, without costs or disbursements, in light of our determination of the appeal from the order...

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