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ACME ANC CORP. v. READ

55 A.D.3d 854 (2008)

866 N.Y.S.2d 359

ACME ANC CORP., Appellant, v. GEORGE READ et al., Respondents, et al., Defendant.

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

October 28, 2008.

Ordered that the appeal from the order entered October 24, 2007, is dismissed, without costs or disbursements, as that order was superseded by the order entered January 31, 2008, made upon reargument; and it is further,

Ordered that the order entered January 31, 2008, is modified, on the facts and in the exercise of discretion, by deleting the provision thereof which, upon reargument, adhered to so much of the original determination...

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