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D'ANIELLO v. T.E.H. SLOPES, INC.

301 A.D.2d 556 (2003)

756 N.Y.S.2d 54

GERALD J. D'ANIELLO, Appellant, v. T.E.H. SLOPES, INC., Doing Business as OUTBACK SALOON, et al., Respondents, et al., Defendant. (Action No. 1.) T.E.H. SLOPES, INC., Doing Business as OUTBACK SALOON, Respondent, v. ZURICH RE (UK) LTD., Respondent, and GERALD J. D'ANIELLO, Appellant. (Action No. 2.)

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

Decided January 21, 2003.

Ordered that the appeal from the order dated September 5, 2001, is dismissed, without costs or disbursements, as that order was superseded by the order dated November 27, 2001, made upon reargument; and it is further,

Ordered that the order dated November 27, 2001, is reversed insofar as appealed from, on the law, and, upon reargument, the motion to vacate is granted, the cross motions are denied, and the orders dated June 20, 2001, and September 5, 2001, are vacated...

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