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HEDAYA HOME FASHIONS, INC. v. AMERICAN MOTORISTS INS. CO.

12 A.D.3d 639 (2004)

786 N.Y.S.2d 86

HEDAYA HOME FASHIONS, INC., et al., Respondents, v. AMERICAN MOTORISTS INSURANCE COMPANY, Appellant, et al., Defendants.

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

November 29, 2004.

Ordered that the appeal from the judgment is dismissed on the ground that it was superseded by the order and amended judgment; and it is further,

Ordered that the order and amended judgment is modified by deleting the provision thereof which granted that branch of the plaintiffs' cross motion which was for a hearing to determine an award of a reasonable attorney's fee, litigation costs, and expenses; as so modified, the...

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