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GREENE v. MERCHS. & BUS. MEN'S MUT. INS. CO.

242 A.D.2d 669 (1997)

664 N.Y.S.2d 933

Steven C. Greene, Respondent, v. Merchants & Business Men's Mutual Insurance Company, Defendant and Third-Party Plaintiff-Appellant. Herman Poritzky et al., Third-Party Defendants-Respondents

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

September 29, 1997

Ordered that the order entered February 26, 1996, is reversed insofar as appealed from, the motion for leave to renew is granted, and on renewal, that branch of the plaintiff's cross motion which was for summary judgment on the issue of damages is denied, and the matter is remitted to the Supreme Court, Westchester County, for a trial on the issue of damages under CPLR 3212 (c); and it is further,

Ordered that the order entered September 22, 1995, is modified accordingly...

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