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WATERS v. CIMINELLI DEVELOPMENT CO., INC.

NO. 1170, CA 16-00554

147 A.D.3d 1396 (2017)

46 N.Y.S.3d 756

2017 NY Slip Op 00854

JACKUELINE WATERS et al., Respondents, v. CIMINELLI DEVELOPMENT COMPANY, INC., et al., Appellants.

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

Decided February 3, 2017.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered December 8, 2015. The order denied the motion of defendants for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion seeking dismissal of the complaint against defendant JB Landscaping & Snowplowing, LLC, and granting that part of the motion seeking dismissal of...

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