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SYLVESTER v. STEPHENS

148 A.D.2d 523 (1989)

Charles Sylvester et al., Appellants, v. George Stephens et al., Respondents

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

March 13, 1989

Ordered that the appeal from the order dated July 10, 1987, is dismissed as that order was superseded by the order dated October 8, 1987, made upon reargument; and it is further,

Ordered that the order dated October 8, 1987, is modified by adding the language "without prejudice to renewal upon proper papers" to the provision denying the plaintiff's request to increase the ad damnum clause and by adding the language "without prejudice to renewal in the proper form...

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