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E.W. HOWELL CO., INC. v. S.A.F. LA SALA CORP.

36 A.D.3d 653 (2007)

828 N.Y.S.2d 212

E.W. HOWELL CO., INC., Appellant, v. S.A.F. LA SALA CORP., Respondent, and FEDERAL INSURANCE COMPANY, Appellant.

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

Decided January 16, 2007.

Ordered that the appeal from the order entered July 28, 2005 is dismissed, as that order was superseded by the order entered October 17, 2005 made upon reargument; and it is further,

Ordered that the order entered October 17, 2005 is affirmed insofar as appealed from; and it is further,

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

"Motions for reargument are addressed to the sound discretion of the court which decided the prior motion...

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