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CONGEL v. MALFITANO

2010-00864, 2010-01137, 2010-01754, 2010-04308.

84 A.D.3d 1145 (2011)

924 N.Y.S.2d 129

ROBERT J. CONGEL et al., Respondents, v. MARC A. MALFITANO, Appellant.

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

Decided May 24, 2011.

Ordered that the appeal from so much of the first order dated December 14, 2009, as denied that branch of his cross motion which was for leave to amend his answer is dismissed, as that portion of the order was superseded by so much of the order entered March 17, 2010, as was made upon renewal; and it is further,

Ordered that the first order dated December 14, 2009, is affirmed insofar as reviewed; and it is further,

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