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WILDER v. NICKBERT INC.

254 A.D.2d 819 (1998)

678 N.Y.S.2d 766

Ronnie Wilder, Respondent, v. Nickbert Inc. et al., Appellants, et al., Defendant

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

October 2, 1998

Amended order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: At the outset, we note that this appeal was taken from an order that was superseded by an amended order. In the exercise of our discretion, we treat the appeal as taken from the amended order (see, CPLR 5520 [c]; Hughes v Nussbaumer, Clarke & Velzy, 140 A.D.2d 988).

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