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CARTER v. FLAHERTY

2011-1348 NC.

37 Misc.3d 46 (2012)

953 N.Y.S.2d 814

2012 NY Slip Op 22219

JAY CARTER, Respondent, v. KERRY JOSEPH FLAHERTY, Appellant.

Supreme Court, Appellate Term, Second Department.

August 6, 2012.

Attorney(s) appearing for the Case

Jay Carter, respondent pro se. Kerry Joseph Flaherty, appellant pro se.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is modified by striking the award in favor of plaintiff, so much of the order dated March 15, 2011 as, upon renewal, granted the branch of plaintiff's "motion" seeking, in effect, summary judgment on his cause of action and denied the branch of defendant's "cross motion" seeking summary judgment dismissing plaintiff's cause of action is vacated, that branch of plaintiff's "motion" is denied, that...

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