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ST. PAUL FIRE & MARINE INS. CO. v. HMCC ASSOCS.

239 A.D.2d 400 (1997)

658 N.Y.S.2d 635

St. Paul Fire & Marine Insurance Company, as Subrogee of Jrs Advertising, Ltd., Doing Business as J. Richard Smith, Ltd., Respondent, v. Hmcc Associates et al., Appellants, et al., Defendants

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

May 12, 1997

Ordered that the appeal from the order dated May 14, 1996, is dismissed, since that order was superseded by the order dated November 6, 1996; and it is further,

Ordered that so much of the order dated November 6, 1996, as granted the appellants' motion to vacate the default judgment only with regard to the defendant HMCC Associates, is reversed insofar as appealed from, on the law, the motion is granted, and the default judgment is vacated with regard to all the appellants...

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