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ALOI v. FIREBIRD FREIGHT SERV. CORP.

251 A.D.2d 608 (1998)

675 N.Y.S.2d 107

Sebastian Aloi et al., Respondents, v. Firebird Freight Service Corporation et al., Appellants

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

June 29, 1998

Ordered that the appeal from the order dated June 10, 1997, is dismissed, as that order was superseded by the order made upon reargument; and it is further,

Ordered that the order dated October 22, 1997, is reversed insofar as appealed from, upon reargument the defendants' motion to vacate their default and for permission to serve an answer is granted, the order dated June 10, 1997, is vacated, the proposed answer annexed to the defendants' moving papers is deemed...

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