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LONG ISLAND POWER AUTHORITY v. ANDERSON

2008-08006. 2009-04951.

67 A.D.3d 652 (2009)

886 N.Y.S.2d 911

2009 NY Slip Op 07989

LONG ISLAND POWER AUTHORITY, Respondent, v. GILBERT ANDERSON et al., Appellants.

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

Decided November 4, 2009.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, the plaintiff's motion for summary judgment is denied, without prejudice to renewal upon the completion of discovery, and the order is modified accordingly; and it is further,

Ordered that one bill of costs is awarded to the defendants.

The appeal from the intermediate order must be dismissed...

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