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ALPHA AUTO BROKERS, LTD. v. CONTINENTAL INSURANCE COMPANY

286 A.D.2d 309 (2001)

728 N.Y.S.2d 769

ALPHA AUTO BROKERS, LTD., et al., Respondents, v. CONTINENTAL INSURANCE COMPANY et al., Appellants.

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

Decided August 6, 2001.

Ordered that the appeal from the judgment dated January 28, 2000, is dismissed, as that judgment was superseded by the amended judgment entered August 29, 2000; and it is further,

Ordered that the amended judgment entered August 29, 2000, is reversed insofar as appealed from, on the law, the judgment dated January 28, 2000, is vacated, the motion pursuant to CPLR 4401 is granted, and the complaint is dismissed; and it is...

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