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SCHMIDT v. POLICELLA

43 A.D.3d 1141 (2007)

842 N.Y.S.2d 537

DAVID SCHMIDT et al., Respondents-Appellants, v. JASON POLICELLA et al., Respondents, NEW WINDSOR PETROLEUM, INC., Doing Business as CENCO MART, Appellant-Respondent, et al., Defendant. (And Third-Party Actions.)

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

Decided September 25, 2007.

Ordered that the appeal and the cross appeal from the order dated September 6, 2006 are dismissed as abandoned, and additionally on the ground that no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated May 9, 2006 is reversed insofar as appealed from, on the law, and the motion of the defendant New Windsor Petroleum, Inc., doing business as Cenco Mart, for summary judgment dismissing the complaint and all cross claims insofar...

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