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GEM FLOORING, INC. v. KINGS PARK INDUSTRIES, INC.

5 A.D.3d 542 (2004)

773 N.Y.S.2d 442

GEM FLOORING, INC., Respondent, v. KINGS PARK INDUSTRIES, INC., Appellant, et al., Defendant.

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

March 15, 2004.

Ordered that the appeal from the order dated November 27, 2002, is dismissed, as that order was superseded by the order dated February 10, 2003, made upon renewal and reargument; and it is further,

Ordered that the order dated February 10, 2003, is reversed insofar as appealed from, on the law, upon renewal and reargument, the order dated November 27, 2002, is vacated, the motion to dismiss is granted, the complaint is dismissed insofar as asserted against the appellant...

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