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BANK OF NEW YORK v. MIDLAND AVE. DEV. CO.

248 A.D.2d 342 (1998)

669 N.Y.S.2d 622

Bank of New York, as Successor to Scarsdale National Bank and Trust Company, Appellant, v. Midland Avenue Development Co., Also Known as Midland Avenue Development Company, et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

March 2, 1998

Ordered that the appeal from the order entered January 9, 1997, is dismissed, as that order was superseded by the order dated April 11, 1997, made upon reargument; and it is further,

Ordered that the order dated April 11, 1997, is reversed insofar as appealed from, on the law, the plaintiff's motion for leave to file and serve a second amended verified complaint is granted, and the defendants' cross motion to dismiss the action is denied; and it is further,

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