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GIOVANNIELLO v. CAROLINA WHOLESALE OFFICE MACHINE COMPANY, INC.

29 A.D.3d 737 (2006)

815 N.Y.S.2d 248

RAYMOND GIOVANNIELLO, Appellant, v. CAROLINA WHOLESALE OFFICE MACHINE COMPANY, INC., Respondent.

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

May 16, 2006.

Ordered that the appeal from the order dated November 23, 2004 is dismissed, as the portion of the order appealed from was superseded by the order dated January 31, 2005, made upon reargument; and it is further,

Ordered that the order dated January 31, 2005 is affirmed insofar as reviewed; and it is further,

Ordered that one bill of costs is awarded to the defendant.

For the reasons set forth in Rudgayzer & Gratt v Cape Canaveral Tour &...

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