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EISLEBEN v. DEAN

57 CA 15-01178.

136 A.D.3d 1306 (2016)

24 N.Y.S.3d 815

2016 NY Slip Op 00815

WILLIAM EISLEBEN, Respondent, v. JAMES DEAN, Individually and Doing Business as JAMES DEAN PAVING, Appellant.

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

Decided February 5, 2016.

Appeal from an order of the Supreme Court, Oneida County (Norman I. Siegel, J.), entered December 12, 2014 in a personal injury action. The order, insofar as appealed from, granted that part of plaintiff's motion seeking to strike defendant's third affirmative defense in the amended answer and denied defendant's cross motion for summary judgment dismissing the complaint.

It is hereby ordered that the order insofar as appealed...

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