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DECAPUA v. DINE-A-MATE, INC.

292 A.D.2d 489 (2002)

744 N.Y.S.2d 417

MICHAEL DECAPUA, Respondent, v. DINE-A-MATE, INC., et al., Appellants, and CUC INTERNATIONAL INC., et al., Defendants.

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

Decided March 18, 2002.

Upon the papers filed in support of the motion and the papers submitted in opposition thereto, it is

Ordered that the branch of the respondent's motion which is for leave to reargue is granted and the motion is otherwise denied; and it is further,

Ordered that upon reargument, the decision and order of this Court dated April 13, 2001 (see, DeCapua v Dine-A-Mate, Inc., 282 A.D.2d 643) is recalled and vacated and the...

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