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CITY OF SYRACUSE v. UNITED STATES FIDELTY & GUAR. CO.

227 A.D.2d 962 (1996)

643 N.Y.S.2d 858

City of Syracuse, Appellant, v. United States Fidelty and Guaranty Company, Respondent

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

May 31, 1996

Judgment unanimously affirmed without costs.

Memorandum:

At the outset, we note that plaintiff appealed from the order granting defendant's motion for summary judgment dismissing the complaint rather than from the judgment in which the order was subsumed. In the exercise of our discretion, we treat the appeal as taken from the judgment (see, Hughes v Nussbaumer, Clarke & Velzy, 140 A.D.2d 988; CPLR 5520...

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