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McOWEN v. BOCCACCIO

79 A.D.2d 1098 (1981)

Douglas E. McOwen et al., Respondents-Appellants, v. David H. Boccaccio et al., Doing Business as Empire State Businessmen's Association, et al., Defendants, and Lumbermens Mutual Casualty Co., Appellant-Respondent

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

January 23, 1981

Order affirmed, without costs.

Memorandum:

Defendant Lumbermens Mutual Casualty Company (Lumbermens) appeals from so much of an order as granted plaintiffs' motion for certification as a class action and denied its motion for summary judgment. Plaintiffs cross-appeal from that portion of the same order which limited their relief demanded as against Lumbermens to $100,000. Plaintiffs, members of the Empire State Businessmen's Association (ESBA), commenced this...

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