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KIAMESHA CONCORD v. EMPIRE MUT. INS.

42 A.D.2d 449 (1973)

Kiamesha Concord, Inc., Respondent, v. Empire Mutual Insurance Company, Appellant

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

November 8, 1973.

Attorney(s) appearing for the Case

Gerald Orseck for appellant.

Goldstein & Goldstein (Carl P. Goldstein of counsel), for respondent.

HERLIHY, P. J., STALEY, JR., KANE and REYNOLDS, JJ., concur.

SWEENEY, J.

Appeals by defendant (1) from a resettled judgment of the Supreme Court, entered December 8, 1972 in Sullivan County, and (2) from an order, entered March 26, 1973, denying defendant's motion to correct the record on appeal.

The facts, while somewhat lengthy, are not in dispute, but require a recitation for proper understanding of the issues. Plaintiff operates the Concord Hotel in Sullivan...

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