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MATTER OF PROGRESSIVE NORTHWESTERN INSURANCE COMPANY v. GJONAJ

43 A.D.3d 1169 (2007)

841 N.Y.S.2d 794

In the Matter of PROGRESSIVE NORTHWESTERN INSURANCE COMPANY, Respondent-Appellant, v. PREC GJONAJ et al., Appellants-Respondents, et al., Proposed Additional Respondents.

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

Decided September 25, 2007.

Ordered that the appeal from the order dated January 11, 2006 is dismissed, as that order was superseded by the order entered March 31, 2006, made upon reargument; and it is further,

Ordered that the order entered March 31, 2006 is reversed insofar as appealed from, on the law and the facts, and upon reargument, the order dated January 11, 2006 is vacated, the petition is denied, and the proceeding is dismissed; and it is further,

Ordered that the cross appeal...

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