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RRN ASSOCIATES, INC. v. AETNA CASUALTY AND SURETY COMPANY

263 A.D.2d 501 (1999)

694 N.Y.S.2d 677

RRN ASSOCIATES, INC., Respondent, v. AETNA CASUALTY AND SURETY COMPANY, Appellant, et al., Defendants, and PAUL MILSTEIN et al., Intervenor-Appellants.

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

Decided July 19, 1999.

Ordered that the appeal from the order entered April 21, 1998, is dismissed, as the order was superseded by the order and interlocutory judgment entered June 3, 1998; and it is further,

Ordered that the order and interlocutory judgment entered June 3, 1998, is modified by deleting the first and third decretal paragraphs thereof and substituting therefor a provision denying the plaintiff's motion; as so modified, the order and interlocutory judgment entered June 3...

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