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MATTER OF TRAVELERS INDEMNITY COMPANY v. UNITED DIAGNOSTIC IMAGING, P.C.

2009-07872, 2009-09919

73 A.D.3d 791 (2010)

899 N.Y.S.2d 641

In the Matter of TRAVELERS INDEMNITY COMPANY, Respondent, v. UNITED DIAGNOSTIC IMAGING, P.C., Appellant.

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

Decided May 4, 2010.

Ordered that the appeal from the order entered September 16, 2009, is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order entered June 26, 2009, as amended, is reversed, on the law, on the facts, and in the exercise of discretion, the petition is denied, and the proceeding is dismissed; and it is further,

Ordered that one bill of costs is awarded to United Diagnostic Imaging, P.C.

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