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MULONET v. EXXONMOBIL OIL CORPORATION

2009-09608, 2009-09611, 2010-01789.

81 A.D.3d 702 (2011)

916 N.Y.S.2d 608

EDWIN J. MULONET, JR., et al., Appellants-Respondents, v. EXXONMOBIL OIL CORPORATION, Formerly Known as MOBIL OIL CORPORATION, Respondent-Appellant.

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

Decided February 8, 2011.

Ordered that the appeal from the order dated September 9, 2009, is dismissed; and it is further,

Ordered that the appeal from the judgment is dismissed, as the judgment was superseded by the order January 27, 2010, made upon reargument; and it is further,

Ordered that the order dated January 27, 2010, is reversed insofar as appealed from, that branch of the plaintiffs' motion which was for summary judgment declaring...

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