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MATTER OF TOGO CAB CORP. v. U.S. CAPITAL INS. CO.

220 A.D.2d 674 (1995)

632 N.Y.S.2d 972

In the Matter of Togo Cab Corp., Respondent, v. U.S. Capital Insurance Co., Appellant

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

October 23, 1995

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the order and judgment is reversed insofar as appealed from, on the law, the appellant's motion to dismiss the petition is granted, the petition is dismissed, and the matter is remitted to the Supreme Court, Kings County, for the entry of an appropriate amended order and judgment; and it is further,

Ordered that the appellant is awarded one bill of costs.

The appeal...

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