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BURNS v. JAPNGIE

278 A.D.2d 189 (2000)

716 N.Y.S.2d 901

ROBERT BURNS, Respondent, v. CELESTINO A. JAPNGIE, Appellant. (Action No. 1.) ROLAND KOLILIAS, Respondent, v. ROBERT BURNS, Defendant, and CELESTINO A. JAPNGIE, Appellant. (Action No. 2.)

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

Decided December 4, 2000.

Ordered that the order dated November 19, 1999, is affirmed insofar as appealed from, without costs or disbursements; and it is further,

Ordered that the order dated January 21, 2000, is reversed, on the law, without costs or disbursements, the motion is granted, and the complaint in Action No. 1 is dismissed.

The appellant established a prima facie case that the injuries of the plaintiff in Action No. 1, Robert...

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