ERVOLINO v. SCAPPATURA


162 A.D.2d 654 (1990)

Salvatore Ervolino, as a Shareholder of and Suing in the Right of Salco Westbury, Inc., Respondent-Appellant, v. Frank Scappatura et al., Appellants-Respondents

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

June 25, 1990


Ordered that the appeal from the order dated February 17, 1988, is dismissed, without costs or disbursements, as that order was superseded by the order dated August 8, 1988, made upon reargument; and it is further,

Ordered that the order dated August 8, 1988, is modified by deleting therefrom the third and fourth decretal paragraphs, which, in effect, conditionally granted that branch of the defendants' cross motion which was for summary judgment dismissing the complaint...

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