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WESTCHESTER MEDICAL CENTER v. PROGRESSIVE CASUALTY INSURANCE COMPANY

51 A.D.3d 1014 (2008)

858 N.Y.S.2d 754

WESTCHESTER MEDICAL CENTER, as Assignee of MICHAEL FORTHMULLER, Appellant, et al., Plaintiffs, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Respondent.

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

Decided May 27, 2008.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the branch of the motion which is for leave to reargue is granted; and it is further,

Ordered that the motion is otherwise denied; and it is further,

Ordered that upon reargument, the decision and order of this Court dated December 11, 2007 (see Westchester Med. Ctr. v Progressive Cas. Ins. Co., 46 A.D.3d 675

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