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ARMSTRONG v. CALIBER ONE INDEMNITY COMPANY

5 A.D.3d 413 (2004)

772 N.Y.S.2d 828

DEREK ARMSTRONG et al., Respondents, v. CALIBER ONE INDEMNITY COMPANY, Appellant.

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

March 8, 2004.

Ordered that the order dated March 6, 2003, is modified, on the law, by deleting the provision thereof granting that branch of the motion which was for summary judgment on the third cause of action and substituting therefor a provision denying that branch of the motion, without prejudice to renewal after joinder of a necessary party; as so modified, the order is affirmed insofar as appealed from; and it is further,

Ordered that the order entered August 20, 2003, is...

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