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WALIA v. NASSAU COUNTY

61 A.D.3d 853 (2009)

877 N.Y.S.2d 398

BALBIR S. WALIA, Appellant, v. NASSAU COUNTY et al., Respondents.

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

Decided April 21, 2009.

Ordered that the order is reversed, on the law and the facts, with costs, the plaintiff's motion to restore the action to active status and to the trial calendar is granted, and the defendants' cross motion, in effect, for summary judgment dismissing the complaint is denied.

In September 1999 the plaintiff commenced this action against the defendants alleging, inter alia, that while he was incarcerated in solitary confinement...

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