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MESSIANA v. DRIVAS

2010-06496, 2011-01472.

85 A.D.3d 744 (2011)

925 N.Y.S.2d 148

2011 NY Slip Op 5031

DANIEL MESSIANA, Appellant, et al., Plaintiff, v. ELENI DRIVAS et al., Respondents.

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

Decided June 7, 2011.

Ordered that the appeal from the order dated May 17, 2010, is dismissed, as that order was superseded by the order dated December 9, 2010, made upon reargument; and it is further,

Ordered that the order dated December 9, 2010, is reversed insofar as appealed from, on the law, upon reargument, the order dated May 17, 2010, is vacated, and that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff...

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