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WEISMAN v. DUANE READE, INC.

64 A.D.3d 643 (2009)

883 N.Y.S.2d 137

STEVEN WEISMAN, Respondent, v. DUANE READE, INC., Appellant, et al. Defendant.

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

Decided July 14, 2009.

Ordered that the appeal from the order dated February 27, 2008 is dismissed, without costs or disbursements, as that order was superseded by the order dated July 21, 2008, made upon renewal; and it is further,

Ordered that the order dated July 21, 2008 is modified, on the law, by deleting the provision thereof granting that branch of the plaintiff's cross motion which was for summary judgment on the issue of liability on...

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