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KENNEDY v. CLASS

292 A.D.2d 503 (2002)

739 N.Y.S.2d 293

CLAUDETTE KENNEDY et al., Appellants, v. JUAN CLASS et al., Respondents.

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

Decided March 18, 2002.

Ordered that the appeal from the order dated June 19, 2001, is dismissed, as that order was superseded by the order dated September 26, 2001, made upon renewal; and it is further,

Ordered that the order dated September 26, 2001, is modified, on the law, by deleting therefrom the provision adhering to so much of the prior determination as denied the plaintiffs' motion to restore the action to the trial calendar, and substituting therefor a provision granting the motion...

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