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CARBOCCI v. LAKE GROVE ENTERTAINMENT, LLC

64 A.D.3d 531 (2009)

883 N.Y.S.2d 113

DOLORES CARBOCCI et al., Appellants, v. LAKE GROVE ENTERTAINMENT, LLC, et al., Respondents.

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

Decided July 7, 2009.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, directed the trial court to give a particular preliminary instruction to the jury relating to the bifurcation of the case, is deemed to be an application for leave to appeal, and leave to appeal from that portion of the order is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law and in the exercise of discretion...

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