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MECZKOWSKI v. E.W. HOWELL CO., INC.

63 A.D.3d 803 (2009)

880 N.Y.S.2d 507

MAREK MECZKOWSKI, as Administrator of the Estate of BOGUMIL MECZKOWSKI, Deceased, Respondent, v. E.W. HOWELL CO., INC., Defendant and Third-Party Plaintiff-Appellant. FRONTIER INSURANCE COMPANY et al., Third-Party Defendants-Respondents.

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

June 9, 2009.

Ordered that the appeal from the order is dismissed, as it was superseded by the amended order; and it is further,

Ordered that the amended order is affirmed insofar as appealed from; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in granting that branch of the plaintiff's motion which was for leave to substitute Marek Meczkowski...

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