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CHRISTENSEN v. WEEKS

15 A.D.3d 330 (2005)

790 N.Y.S.2d 153

MICHAEL CHRISTENSEN et al., Plaintiffs, v. RITA WEEKS, Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. NEW YORK MUTUAL UNDERWRITERS, Third-Party Defendant-Appellant. (Action No. 1.) v. STATE FARM & CASUALTY COMPANY, as Subrogee of DAVID M. CHRISTENSEN, Plaintiff, v. RITA WEEKS, Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. NEW YORK MUTUAL UNDERWRITERS, Third-Party Defendant-Appellant. (Action No. 2.)

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

February 7, 2005.

Upon papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is granted; and it is further,

Ordered that, upon reargument, the decision and order of this Court dated March 15, 2004, in the above-entitled actions, is recalled and vacated, and the following decision and order is substituted therefor:

In an action to recover for damages for trespass and property damage and a third-party action for...

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