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UNIVERSAL GASOLINE DISTRIB. CORP. v. McGAS, INC.

250 A.D.2d 670 (1998)

672 N.Y.S.2d 757

Universal Gasoline Distributing Corp., Respondent, v. McGas, Inc., et al., Defendants, and International Brokers, Ltd., Doing Business as International Oil Brokers, et al., Appellants

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

May 11, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

After joinder of issue, the appellants moved, inter alia, pursuant to CPLR 3211 (a) (7) to dismiss the second, fifth, eighth, and ninth causes of action in the complaint insofar as asserted against them, and for summary judgment on the first and third causes of action. Contrary to the conclusion of the Supreme Court, that branch of the appellants' motion which was made pursuant to CPLR...

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