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ALL SEASONS FUELS, INC. v. MORGAN FUEL & HEATING CO., INC.

2015-06162, 2016-03119. Index No. 8962/13.

156 A.D.3d 591 (2017)

66 N.Y.S.3d 512

2017 NY Slip Op 08499

ALL SEASONS FUELS, INC., et al., Appellants-Respondents, v. MORGAN FUEL & HEATING CO., INC., Doing Business as BOTTINI FUEL CO AND/OR BOTTINI FUEL, Respondent-Appellant.

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

Decided December 6, 2017.

Ordered that the appeal from so much of the order as granted that branch of the defendant's cross motion which was for summary judgment on its first counterclaim against the plaintiff Charlene Flood is dismissed, without costs or disbursements, as that portion of the order was superseded by the interlocutory judgment; and it is further,

Ordered that the order is affirmed insofar as reviewed on the appeal and insofar as cross-appealed from, without costs or disbursements...

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