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CENTERPORT INSURANCE AGENCY, INC. v. ATLANTIC FABRICATORS OF RHODE ISLAND, INC.

277 A.D.2d 414 (2000)

715 N.Y.S.2d 908

CENTERPORT INSURANCE AGENCY, INC., Appellant, v. ATLANTIC FABRICATORS OF RHODE ISLAND, INC., Doing Business as ATLANTIC TOWERS, et al., Respondents.

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

Decided November 27, 2000.

Ordered that the judgment is reversed, as a matter of discretion, the order dated June 11, 1999, is vacated, the motion to strike the complaint is denied, and the complaint is reinstated; and it is further,

Ordered that the appeal from the order dated October 6, 1999, is dismissed as academic in light of the determination on the appeal from the judgment.

The Supreme Court improvidently exercised its discretion in...

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