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GASSMAN v. METROPOLITAN LIFE INS. CO.

56 A.D.3d 608 (2008)

868 N.Y.S.2d 98

ROBERT GASSMAN et al., Appellants, v. METROPOLITAN LIFE INSURANCE COMPANY et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

November 18, 2008.

Ordered that the appeal from the order entered April 18, 2007 is dismissed, as that order was superseded by so much of the order entered December 21, 2007 as was made upon reargument; and it is further,

Ordered that on the Court's own motion, the notice of appeal from so much of the order entered December 21, 2007, as, sua sponte, directed a hearing to determine the applicability of Insurance Law § 3214 is treated as an application for leave to appeal, and leave...

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