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TRANSPORTATION INSURANCE COMPANY v. SIMPLICITY, INC.

61 A.D.3d 963 (2009)

___ N.Y.S.2d ___

TRANSPORTATION INSURANCE COMPANY et al., Appellants, v. SIMPLICITY, INC., et al., Respondents, et al., Defendants.

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

Decided April 28, 2009.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, directed the dismissal of the amended complaint insofar as asserted against the defendant Preferred Services of NY, Ltd., is deemed an application for leave to appeal from that portion of the order and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed insofar as...

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