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JOHN v. MARC BUS. PLUS

195 Misc.2d 272 (2002)

756 N.Y.S.2d 700

GORDON JOHN, Respondent, v. MARC BUSINESS PLUS INC. et al., Appellants.

Supreme Court, Appellate Term, Second Department.

November 7, 2002.

Attorney(s) appearing for the Case

Norman Volk & Associates, P.C., New York City (Michael I. Josephs of counsel), for appellants.

ARONIN, J.P., PATTERSON and GOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously reversed without costs, defendants' motion for summary judgment granted, complaint dismissed and plaintiff's cross motion denied as academic.

Plaintiff in October of 2000 instituted this action against American Transit Insurance Company (Transit) based on a failure to resolve plaintiff's claim of property damage as a result of an accident which...

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