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TRANSPORT TOWING, INC. v. RAD OIL COMPANY, INC.

257 A.D.2d 569 (1999)

682 N.Y.S.2d 899

TRANSPORT TOWING, INC., Respondent, v. RAD OIL COMPANY, INC., Appellant.

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

Decided January 11, 1999.

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

Under the circumstances of this case, the court did not err by, in effect, treating the plaintiff's motion as one for renewal (see, CPLR 2221; Friedman v U-Haul Truck Rental, 216 A.D.2d 266; Turkel v I.M.I. Warp Knits, 50 A.D.2d 543), and, upon renewal, vacating...

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