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NEW YORK & PRESBYTERIAN HOSPITAL v. AMERICAN TRANSIT INSURANCE COMPANY

45 A.D.3d 822 (2007)

846 N.Y.S.2d 352

NEW YORK & PRESBYTERIAN HOSPITAL, as Assignee of ALANIS OMAR, Respondent, v. AMERICAN TRANSIT INSURANCE COMPANY, Appellant.

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

Decided November 27, 2007.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, so much of the order dated June 20, 2006, as, upon reargument, granted the plaintiff's motion for summary judgment on the complaint is vacated, and, upon reargument, the court adheres to its original determination in the order dated June 20, 2006, denying the motion; and it is further,

Ordered...

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