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ALSTON v. SUNHARBOR MANOR, LLC

48 A.D.3d 600 (2008)

854 N.Y.S.2d 402

DORIS ALSTON et al., Respondents, v. SUNHARBOR MANOR, LLC, et al., Appellants.

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

Decided February 19, 2008.

Ordered that the appeal from the judgment is dismissed, as the judgment was superseded by the amended judgment entered November 27, 2006; and it is further,

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the amended judgment entered November 27, 2006 is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, that branch of the defendants' motion which was to set aside the award of...

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