RUSCITO v. SWAINE, INC.


17 A.D.3d 560 (2005)

793 N.Y.S.2d 475

RAYMOND RUSCITO, SR., et al., Appellants, v. SWAINE, INC., et al., Respondents.

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

April 18, 2005.


Ordered that the appeal from the judgment entered September 28, 2004, is dismissed, as that judgment was superseded by the amended judgment dated November 1, 2004; and it is further,

Ordered that the amended judgment dated November 1, 2004, is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents.

The Supreme Court properly determined that the plaintiffs failed to adduce legally sufficient evidence that might have...

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