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GLOBE SURGICAL SUPPLY v. ALLSTATE INSURANCE COMPANY

61 A.D.3d 821 (2009)

876 N.Y.S.2d 892

GLOBE SURGICAL SUPPLY, as Assignee of CHARLES CHARLOTIN, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

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

Decided April 21, 2009.

Ordered that the order is modified, on the law and in the exercise of discretion, by adding the words "without prejudice to renewal of the motion" following the words "class action certification is DENIED"; as so modified, the order is affirmed, with costs to the plaintiff.

This action is in all material respects identical to Globe Surgical Supply v GEICO Ins. Co. (59 A.D.3d 129 [2008]). As in that case, and for the reasons...

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