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WINCKEL v. ATL. RENTALS & SALES, INC.

195 A.D.2d 599 (1993)

600 N.Y.S.2d 949

Mary Winckel et al., Respondents, v. Atlantic Rentals & Sales, Inc., Defendant and Third-Party Plaintiff-Appellant, and Bud Maron et al., Respondents. Samsonite Corporation, Third-Party Defendant-Respondent

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

July 26, 1993

Ordered that the order is modified, on the law and as a matter of discretion, by deleting the provision thereof denying the cross motion to amend the judgment entered February 24, 1989, without prejudice, and substituting therefor a provision denying the cross motion with prejudice; as so modified, the order is affirmed, with costs to the appellant, and any amended judgment subsequently entered dismissing the third-party action is vacated.

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