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FIDELITY CO. v. GOLDMAN & RIO

190 Misc.2d 748 (2002)

739 N.Y.S.2d 521

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Respondent, v. GOLDMAN & RIO et al., Appellants.

Supreme Court, Appellate Term, First Department.

February 4, 2002.

Attorney(s) appearing for the Case

Goldman & Rio, New York City (Michael Goldman of counsel), for appellants.

Slade, Albright & Newman LLP, New York City (Stephen Albright of counsel), for respondent.

PARNESS, P.J., and GANGEL-JACOB, J., concur; McCOOE, J., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Order dated November 14, 2000 modified to grant partial summary judgment to plaintiff on the issue of liability only and to remand the matter for a hearing on the issue of damages; as modified, order affirmed, without costs.

Appeal from order denying reargument entered March 22, 2001 dismissed, without costs, as taken from a nonappealable order.

Defendants, a law firm and its two principals, applied for and...

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