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PORTER v. ANNABI

38 A.D.3d 869 (2007)

833 N.Y.S.2d 555

MARJORIE PORTER et al., Respondents, v. NANCY ANNABI et al., Respondents, and KEY BANK USA, N.A., Now Known as KEYBANK NATIONAL ASSOCIATION, Appellant. (And Third-Party Actions.)

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

Decided March 27, 2007.

Ordered that the appeal from so much of the order entered December 12, 2005, as denied that branch of the motion of the defendant Key Bank USA, N.A., now known as Keybank National Association, which was pursuant to CPLR 3211 (a) (5) to dismiss the plaintiffs' amended complaint insofar as asserted against it is dismissed as superseded by the order entered April 18, 2006, made upon reargument; and it is further,

Ordered that...

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