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EM INDUS. INC. v. BIRMINGHAM FIRE INS. CO. OF PENNSYLVANIA

141 A.D.2d 494 (1988)

EM Industries Incorporated, Respondent, v. Birmingham Fire Insurance Company of Pennsylvania, Defendant and Third-Party Plaintiff-Appellant. Continental Casualty Company et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants

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

June 6, 1988

Ordered that the appeal from the order entered September 29, 1986, is dismissed; and it is further,

Ordered that the judgment entered October 14, 1986, is affirmed; and it is further,

Ordered that the order entered April 9, 1987, is modified on the law, by deleting the provision thereof which denied that branch of Birmingham's motion which was to strike the demand for punitive damages and substituting therefor a provision granting that branch of the motion...

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