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CIURA v. MUTO

24 A.D.3d 1209 (2005)

808 N.Y.S.2d 842

STANLEY J. CIURA, as Executor of IRENE CIURA, Deceased, et al., Respondents, v. RICHARD MUTO et al., Defendants. ROBERT H. MATHEIS et al., Individually and on Behalf of All Those Similarly Situated, Respondents, v. RICHARD MUTO et al., Defendants. ZDARSKY, SAWICKI & AGOSTINELLI, Appellant, v. RICHARD MUTO, Defendant. (Appeal No. 2.)

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

December 22, 2005.

It is hereby ordered that said appeal from the order insofar as it denied leave to reargue be and the same hereby is unanimously dismissed (see Empire Ins. Co. v. Food City, 167 A.D.2d 983, 984 [1990]) and the order is modified on the law by granting that part of the motion of plaintiff Zdarsky, Sawicki & Agostinelli with respect to the order entered March 29, 2004 and vacating that order and as modified the order is affirmed...

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