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SAID v. ABARN EQUIP. CORP.

195 Misc.2d 451 (2002)

757 N.Y.S.2d 836

WAFAH SAID, Respondent, v. ABARN EQUIPMENT CORP., Appellant.

Supreme Court, Appellate Term, Second Department.

November 29, 2002.

Attorney(s) appearing for the Case

Schulman & Schulman, Woodside (Martin Schulman of counsel), for appellant.

PATTERSON, J.P., GOLIA and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously modified by providing that, upon reargument, defendant's motion to dismiss the complaint is granted; as so modified, affirmed with $10 costs.

Defendant's cross motion, in effect, sought reargument of the branch of the order, entered August 22, 2001, which implicitly denied that part of its prior preanswer motion to dismiss the complaint on the ground...

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