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BLUE CROSS & BLUE SHIELD OF WESTERN NEW YORK, INC. v. MICHAEL

255 A.D.2d 1004 (1998)

679 N.Y.S.2d 863

Blue Cross and Blue Shield of Western New York, Inc., Respondent, v. Joseph P. Michael, Defendant, and J. P. Michael, Inc., Also Known as Employee Benefits Services, et al., Appellants

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

November 13, 1998

Judgment unanimously affirmed with costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court (Kane, J.). We note that the appeal was taken from that part of an order that was subsumed in a subsequent judgment, and thus the appeal is properly taken from the judgment, not the order (see, Hughes v Nussbaumer, Clarke & Velzy, 140 A.D.2d 988

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