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HAM v. GIFFORDS FUEL OIL CO.

235 A.D.2d 457 (1997)

652 N.Y.S.2d 747

Earlease Ham et al., Appellants, v. Giffords Fuel Oil Co. et al., Respondents

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

January 21, 1997

Ordered that the appeals from the orders dated September 25, 1995, and September 28, 1995, are dismissed as withdrawn by the plaintiffs; and it is further,

Ordered that the order dated December 4, 1995, is modified by deleting the provision thereof which granted summary judgment in favor of the County of Suffolk and substituting therefor a provision denying the motion as to that defendant; as so modified, the order is affirmed, and the matter is remitted to the Supreme...

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