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MULLIGAN v. RAUSCH

2010-10315.

89 A.D.3d 811 (2011)

932 N.Y.S.2d 360

2011 NY Slip Op 8128

THOMAS MULLIGAN, Respondent, v. HARRY A. RAUSCH, JR., et al., Appellants, and AGOSTINO CERVONE, M.D., et al., Respondents.

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

Decided November 9, 2011.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly determined there were triable issues of fact requiring the denial of the appellants' motion for summary judgment dismissing the complaint and all cross claims insofar as asserted...

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