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MORELLI v. GIGLIO

143 A.D.2d 986 (1988)

Nicola Morelli, et al., Individually and as Sole Shareholders of 41-45 Gramatan Avenue Corporation, Inc. and of Colosseo Di Roma of Mount Vernon, Inc., Also Known as Colosseo Di Roma Restaurant, Inc., Appellants, v. Fernando Giglio, Respondent

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

October 31, 1988

Ordered that the appeal from the order and judgment entered September 11, 1987 is dismissed, as that order and judgment was superseded, as noted by the plaintiffs, by the order dated December 10, 1987, made upon reargument; and it is further,

Ordered that the order dated December 10, 1987, made upon reargument, is reversed insofar as appealed from, on the law, the order and judgment entered September 11, 1987 is vacated, the defendant's motion for summary judgment...

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