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LINCOLN v. CRYSTAL APARTMENTS GROUP, L.P.

5 A.D.3d 355 (2004)

771 N.Y.S.2d 901

TIMOTHY LINCOLN, Plaintiff, v. CRYSTAL APARTMENTS GROUP, L.P., Defendant and Third-Party Plaintiff-Appellant-Respondent, and RONALD D. HEALTH et al., Appellants. ST. PAUL MERCURY INSURANCE COMPANY, Also Known as ST. PAUL FIRE & MARINE INSURANCE COMPANY, et al., Third-Party Defendants-Respondents-Appellants, et al., Third-Party Defendant.

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

March 1, 2004.

Ordered that the application is granted, and the cross appeal by F & L Claims Service, Inc., is dismissed as academic, without costs or disbursements; and it is further,

Ordered that the order is modified by deleting the provision thereof denying that branch of the motion of the third-party defendants St. Paul Mercury Insurance Company, also known as St. Paul Fire & Marine Insurance Company and F & L Claims Service, Inc., which was to dismiss the second...

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