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DeFREECE v. PENNY BAG, INC.

137 A.D.2d 744 (1988)

Emanuel DeFreece et al., Respondents-Appellants, v. Penny Bag, Inc., Defendant; Newburgh Bay Realty Corp., Respondent-Appellant, and Justin Resnick, Appellant-Respondent

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

February 22, 1988

Ordered that the appeal by the defendant Resnick from so much of the order dated June 26, 1986, as denied his motion for summary judgment is dismissed, without costs or disbursements, as that part of the order was superseded by so much of the order entered September 15, 1986, as, upon reargument, adhered to the original determination denying his motion; and it is further,

Ordered that the order entered September 15, 1986, is affirmed insofar as reviewed, without costs...

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