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LMK PSYCHOLOGICAL SERVICE, P.C. v. AMERICAN TRANSIT INSURANCE CO.

64 A.D.3d 752 (2009)

882 N.Y.S.2d 719

LMK PSYCHOLOGICAL SERVICE, P.C., et al., Appellants, v. AMERICAN TRANSIT INSURANCE CO., Respondent.

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

Decided July 28, 2009.

Ordered that appeal from the order entered January 16, 2008, is dismissed, as that order was superseded by the order entered July 2, 2008, made upon reargument; and it is further,

Ordered that the order entered July 2, 2008, is modified, on the law, by deleting the provisions thereof, upon reargument, adhering to the original determination in the order entered January 16, 2008, granting those branches of the defendant's cross motion which were for summary judgment...

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