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DESIGNER LIMOUSINE, INC. v. AUTHORITY TRANSPORTATION, INC.

2020-06304. Index No. 2092/16.

218 A.D.3d 540 (2023)

192 N.Y.S.3d 542

2023 NY Slip Op 03767

Designer Limousine, Inc., et al., Appellants, v. Authority Transportation, Inc., et al., Defendants, and Sedgwick Claims Management Services, Inc., Respondent.

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

Decided July 12, 2023.

Attorney(s) appearing for the Case

Capetola & Divins, P.C., Williston Park, NY ( Robert P. Johnson of counsel), for appellants.

Winget, Spadafora & Schwartzberg, LLP, New York, NY ( Matthew Tracy of counsel), for respondent.

Barros, J.P., Maltese, Dowling and Voutsinas, JJ., concur.

In an action, inter alia, to recover damages for fraud, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Arthur M. Diamond, J.), entered April 28, 2020. The order, insofar as appealed from, denied the plaintiffs' motion to vacate an order of the same court dated September 10, 2019, inter alia, sua sponte, directing dismissal of the complaint, and to restore the action to the active calendar.

Ordered that the order entered April 28, 2020, is...

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