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New York Municipal Insurance Reciprocal v. W.P. Mahoney Enterprises

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


April 30, 2010

NEW YORK MUNICIPAL INSURANCE RECIPROCAL, AS SUBROGEE OF TOWN OF WOLCOTT, RESPONDENT,
v.
W.P. MAHONEY ENTERPRISES, INC., RESPONDENT-APPELLANT, AND TITAN STEEL SERVICES, INC., APPELLANT-RESPONDENT.

Appeal and cross appeal from an order of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered June 23, 2009 in a subrogation action. The order denied the motion of defendant Titan Steel Services, Inc. for summary judgment.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, June 9, 2010

It is hereby ordered that said cross appeal is unanimously dismissed (see Moncion v Infra-Metals Corp., Div. of Preussag Intl. Co., 20 AD3d 310, 312 [2005]; see also CPLR 5511) and the order is otherwise affirmed without costs.

Present--Centra, J.P., Carni, Lindley, Green and Gorski, JJ.

20100430

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