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GANDICA v. SIBILIO

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46 Misc.3d 85 (2014)

DANIEL GANDICA, Appellant, v. ANTHONY E. SIBILIO, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided December 22, 2014.

Attorney(s) appearing for the Case

Greenblatt & Agulnick, P.C., Great Neck ( Steven Kotchek of counsel), for appellant.

Max D. Leifer, P.C., New York City ( Ira H. Zuckerman of counsel), for respondent.

PESCE, P.J., and ELLIOT, J., concur; SOLOMON, J., taking no part.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed, without costs.

In this action to recover for, among other things, battery, the record reveals that plaintiff commenced a prior action in federal court against defendant and the City of New York, and defendant served an answer with a counterclaim in that action to recover for personal injuries, alleging, among other things, that plaintiff's conduct had been "wilful and negligent...

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