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PEP'E v. McCARTHY

249 A.D.2d 286 (1998)

672 N.Y.S.2d 350

William Pep'E et al., Respondents, v. Glenn C. McCarthy et al., Respondents, First Indemnity of America Insurance Company, Appellant, et al., Defendants. (Action No. 1.) Arbor National Mortgage, Inc., Formerly Known as American Mortgage Banking, Ltd., Respondent, v. Glenn C. McCarthy et al., Respondents, First Indemnity of America Insurance Company, Appellant, et al., Defendants. (Action NO. 2.)

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

April 6, 1998

Ordered that the judgment is modified, on the law, by deleting from the third decretal paragraph thereof the provision awarding Arbor National Mortgage, Inc., the sum of $3,227,485.41, and substituting therefor a provision awarding the plaintiff Arbor National Mortgage, Inc., the sum of $3,977,485.41; as so modified, the judgment is affirmed insofar as appealed from, with costs to the appellant.

In or about June 1990, the plaintiff in Action No. 2, Arbor National...

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