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HANTZ v. FISHMAN

155 A.D.2d 415 (1989)

Helen Hantz et al., Appellants, v. Ted S. Fishman et al., Defendants and Third-Party Plaintiffs-Respondents. Ascon Distributing Corp., Third-Party Defendant-Respondent

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

November 6, 1989

Ordered that the order dated November 9, 1988, is reversed, on the law, renewal is granted, and, upon renewal, the order dated August 10, 1988, is vacated and the motion and cross motion for summary judgment are denied; and it is further,

Ordered that the appeal from the order dated August 10, 1988, is dismissed as academic, in light of our determination on the appeal from the order dated November 9, 1988; and it is further,

Ordered that the appellants are...

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