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JOSEPHS v. GAINES

237 A.D.2d 572 (1997)

655 N.Y.S.2d 994

Rubin Josephs et al., Plaintiffs, v. Spencer Gaines et al., Defendants. (Action No. 1.) Rubin Josephs et al., Respondents, v. Spencer Gaines et al., Appellants. (Action No. 2.)

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

March 31, 1997

Ordered that the appeal from the judgment is dismissed, as the judgment was superseded by the order dated October 30, 1995, made upon reargument; and it is further,

Ordered that the order dated October 30, 1995, is affirmed insofar as reviewed; and it is further,

Ordered that the respondents are awarded one bill of costs.

We agree with the Supreme Court that the record presents no triable issues of fact as...

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