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McDERMOTT v. PRESBYTERIAN CONGREGATION OF BETHLEHEM

275 A.D.2d 305 (2000)

712 N.Y.S.2d 571

JAMES McDERMOTT et al., Plaintiffs, v. PRESBYTERIAN CONGREGATION OF BETHLEHEM, Also Known as BETHLEHEM PRESBYTERIAN CHURCH, Defendant and Third-Party Plaintiff-Respondent. DONALD SATTERLY, INC., Third-Party Defendant-Appellant.

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

Decided August 7, 2000.

Ordered that the order dated March 16, 1999, is modified, on the law, by deleting the provision thereof granting the motion for partial summary judgment and substituting therefor a provision denying that motion; as so modified, the order dated March 16, 1999, is affirmed; and it is further,

Ordered that the appeal from the order dated July 9, 1999, is dismissed, as that order was superseded by the resettled order dated...

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