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COWELL v. DICKOFF

60 A.D.3d 716 (2009)

876 N.Y.S.2d 423

THEODORE COWELL, Appellant, v. DAVID J. DICKOFF, Respondent.

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

Decided March 10, 2009.

Ordered that the order is modified, on the law and in the exercise of discretion, (1) by deleting the provision thereof denying that branch of the plaintiff's motion which was, in effect, to vacate the order entered October 27, 2006, and substituting therefor a provision granting that branch of the motion, vacating the order entered October 27, 2006, and, upon vacatur, denying the defendant's motion to dismiss the complaint, and...

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