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SARA BRAUN et al., Appellants, v. ST. VINCENT'S HOSPITAL AND MEDICAL CENTER et al., Defendants, and LAWRENCE ZINGESSER, Respondent.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order reversed, with costs, and the case remitted to the Appellate Division, Second Department, for further proceedings. On this record, there is no basis for setting aside, as a matter of law, the determination of Special Term that this doorman came within the contemplation of CPLR 308 (subd 2) ( duPont, Glore Forgan Co. v Chen, 41 N.Y.2d 794, 797).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

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BRAUN v. ST. VINCENT'S HOSPITAL AND MEDICAL CENTER
(Oct 19, 1982)