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SIEVERT v. MORLEF HOLDING CO.

241 A.D.2d 445 (1997)

663 N.Y.S.2d 978

Theodore Sievert, Plaintiff, v. Morlef Holding Co., Defendant, Amoco Oil Company, Defendant and Third-Party Plaintiff-Respondent-Appellant, and Gino Lucadamo & Sons, Inc., Appellant-Respondent. Jonathan Mori et al., Third-Party Defendants-Respondents. (And a Second Third-Party Action.)

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

July 7, 1997

Ordered that the order is modified, on the law, by (1) deleting the provision thereof which, upon reargument, granted that branch of the motion of Amoco Oil Company which was for summary judgment on its cross claim against Gino Lucadamo & Sons, Inc., for costs and attorneys' fees, and substituting therefor a provision adhering to the determination in the order dated June 30, 1996, denying that branch of the motion, and (2) adding thereto a provision that, upon searching...

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