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DOONE v. REISER

285 A.D.2d 622 (2001)

728 N.Y.S.2d 674

EILEEN M. DOONE, Appellant-Respondent, v. RALPH G. REISER, Respondent-Appellant.

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

Decided July 30, 2001.

Ordered that the appeal from the order dated May 23, 2000, is dismissed, without costs or disbursements, as that order was superseded by the order dated September 26, 2000, made upon renewal; and it is further,

Ordered that the order dated September 26, 2000, is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The Supreme Court providently exercised its discretion in denying the plaintiff's cross motion to strike the answer...

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