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SUPERIOR ICE RINK, INC. v. NESCON CONTRACTING CORP.

52 A.D.3d 688 (2008)

861 N.Y.S.2d 362

SUPERIOR ICE RINK, INC., Appellant, v. NESCON CONTRACTING CORP., Doing Business as A1 DISCOUNT PAINTING, et al., Respondents, and SEIGERMAN-MULVEY COMPANY, INC., Appellant.

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

Decided June 17, 2008.

Ordered that the appeal by the defendant Seigerman-Mulvey Company, Inc., is dismissed as academic, in light of the subsequent dismissal of the complaint insofar as asserted against that defendant (see Superior Ice Rink, Inc. v Nescon Contr. Corp., 40 A.D.3d 963 [2007]); and it is further,

Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting the motion of the defendant Merchants Mutual...

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